NARENDRA SINGH UMATH Vs. STATE OF M P

JUDGEMENT

(1.) Prayer in the petition is to allow the petition and to quash order dated 15/02/2008 (Annexure P/1) passed by respondent No. 1 whereby the application filed by the petitioner for compassionate appointment was rejected and to direct respondents to appoint the petitioner on compassionate ground. Learned counsel for the petitioner submits that Hardayal Singh was the father of the petitioner and was working as Assistant teacher who died on 13/02/1998 when the petitioner was minor. It is submitted that after attaining majority the petitioner moved an application on 10/12/2007 for compassionate appointment which was dismissed vide Annexure P/1 on the ground that as per clause 7.1 of the circular after attaining majority the application filed by the petitioner is barred by time. It is submitted that impugned order Annexure P/1 deserves to be set aside. Learned counsel submits that on 13/02/1998 petitioner was of 9 years and 7 months of age. It is submitted that after attaining the age immediately the application was filed, therefore, it should not have rejected on the ground that the application is barred by time. It is submitted that petition be allowed and Annexure P/l be quashed. Learned counsel for the respondents submits that as per clause 7.1 of the Circular dated 22/01/2007, the application can be filed by a person who is dependent on the deceased if he has become major within a period of seven years from the date of death. Learned counsel submits that since the petitioner attains the age of majority on 4/07/2006 which is after 7 years of the death of Hardayal Singh, therefore, the application has rightly been dismissed. It is submitted that petition be dismissed.

(2.) Undisputely Hardayal Singh died on 13/02/1998 and the date of birth of the petitioner is 4/07/1988. At the time of death of Hardayal Singh, the age of the petitioner Narendra Singh was 9 years and 7 months. The application is filed on 10/12/2007 and the circular which is placed on record is dated 22/01/2007 while circular for compassionate appointment ought to have been taken into consideration which was in force at the time of death of Hardayal which is dated 10/6/1994. Clause 7.1 of the Circular dated reads asunder:-

(3.) While clause 5 of Circular dated 10/06/1994 which was in force at the time of death of Hardayal Singh reads as under: