SHIVAM NICHRELE Vs. STATE OF M.P

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India being aggrieved by the action on the part of the respondents, whereby petitioner's application for appointment on the post of Class-3 on compassionate basis has been rejected.

(2.) The brief facts leading to filing of this case are that father of the petitioner was an employee of the respondents/department and was posted as Class-4 employee in Nagar Palika, Datia. The father, namely; Pradeep Nichrele expired on 1/12/2019 while in service. After his death, the petitioner applied for compassionate appointment on a suitable post. The educational qualification of the petitioner is B.Sc. Looking to the qualification, he was hopeful that he would get appointment on the post of Class-3. However, vide order dt.11/5/2020, the petitioner was appointed on the post of Peon, which is a Class-4 post. The petitioner joined the services under protest. Thereafter, the petitioner filed an application for reconsideration or upgrading his post from Class-4 to Class-3. The aforesaid application was rejected vide order dt.7/7/2020 relying on clause 13.1 of the policy dt.29/9/2014.

(3.) Learned counsel for the petitioner submitted that there are about six posts of Class-3 lying vacant in the respondent-department, therefore, he ought to have been appointed on the Class-3 post. In such circumstances, Annexure P/1 dt.7/7/2020 may be quashed and respondents/authorities may be directed to consider the case of the petitioner for compassionate appointment on Class-3 post according to his qualification.