ARPANA SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed assailing impugned order dtd. 9/6/2016 passed by the Conservator of Forest and Divisional Forest Officer, General Forest Division, Dindori, whereby an application moved by the petitioner claiming compassionate appointment on account of death of her brother late Shri Ashish Dixit on 9/4/2011 while he was working as a Forestor and was deployed in the service of the respondents has been turned down in consonance with the recitals of the policy dtd. 29/9/2014 framed by the State Govt., General Administration Department, Mantralaya, referring to para 2.6 of the said policy wherein it is mentioned that only unmarried daughter dependent on the deceased Govt. servant is entitled to compassionate appointment.

(2.) Shri Agarwal submits that admittedly petitioner is married. She is wife of one Dr.Brajendra Shukla. Secondly, there is no evidence on record to substantiate that despite marriage to Shri Brajendra Shukla, she was dependent on her brother late Shri Ashish Dixit. It is further submitted that merely on the strength of getting a succession certificate to the estate of Shri Ashish Dixit, she cannot claim compassionate appointment.

(3.) Shri Agarwal further submits that the judgment rendered by a coordinate Bench of this Court will not be applicable to the facts and circumstances of the case inasmuch as the concept of equity cannot be stretched to an extent so to belie the provisions contained in the policy so also the aims and object for grant of compassionate appointment.