KARAN SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India challenging the order dtd. 16/8/2021 passed by the respondent No.2 rejecting the petitioner's application for compassionate appointment on the ground that when the petitioner submitted application for compassionate appointment in the year 2015 there was no provision for compassionate appointment in the respondent establishment and the policy for compassionate appointment came in the establishment of the respondent No.2 and 3 with effect from 1/10/2019.

(2.) Facts of the case in nut shell is that the petitioner's father late Shri Mansingh died in harness on 15/5/2015 while working as driver in the respondent No.3 establishment. After the death of his father petitioner applied to the respondent No.3 for appointment on compassionate appointment in place of his father. The respondent No.3 informed Addl. Collector, Ujjain that as no post of driver in backward class is vacant and, therefore, the petitioner was directed to wait for seven years. It was informed vide letter dtd. 30/9/2015 asking the respondent No.2 to give appointment to the petitioner on the post of Peon/Clerk. Thereafter nothing has been done. After five years, by the impugned order dtd. 16/8/2021 the petitioner's application for compassionate appointment has been rejected on the ground that there is no provision for appointment on compassionate appointment in the establishment of respondent No.2 and 3 and the policy for compassionate appointment came only in force with effect from 1/10/2019. On this ground petitioner's application was rejected by the respondent No.2.

(3.) Counsel for petitioner submits that the order passed by the respondent No.2 is erroneous because of number of persons were granted compassionate appointment prior to 2019 in reference to the circular of the GAD. He has placed copy of the order dtd. 4/11/2011 passed by the Managing Director of the respondent Corporation appointing one smt.Shobha Bagal on compassionate basis. He has also filed copy of the order dtd. 8/6/2015 passed by Managing Director of the Corporation of the respondent Corporation appointment one Jayant Nigam on compassionate basis in reference to GAD Ciricvular No. C/3-12/2013/1/3 Bhopal dtd. 29/9/2014. The petitioner has further placed copy of the order dtd. 8/6/2015 passed by the Managing director of the respondent Corporation appointing one Shri Rajesh Girwal on compassionate basis in reference to GAD Circular dtd. 29/9/2013.