NARAYANIBAI Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a mandamus for the respondents to appoint her on regular Class-4 post on compassionate basis from the date of initial engagement as a daily-rated employee.

(2.) THE petitioner's husband Shri Mohan Singh Rajak was working as Multi Purpose Health Worker in Primary Health Centre, Barai, Gwalior. The petitioner's husband died in harness due to a road accident on 9.9.1996. He died leaving behind five daughters and the petitioner. The petitioner had no other source of livelihood and, therefore, she preferred an application for compassionate appointment on a Class-IV post. In turn, the respondent No.4 by order dated 21.7.1998 engaged her on compassionate ground on a Class-IV post on contingency basis. It is also mentioned in this order Annexure P-2 that the petitioner shall get wages on Collectorate rate from the date of joining. Grievance of the petitioner is that as per policy for compassionate appointment, the appointment needs to be given on a permanent post. The attention of this Court is drawn on communication dated 2.1.1999 whereby it is mentioned that the petitioner has been appointed on daily rated basis. The Joint Director directed that she be appointed on a permanent regular post in accordance with rules. The same is followed by another communication dated

(3.) SHRI Praveen Newaskar, learned Dy.Govt. Advocate supported the order and submits that once the petitioner has accepted the appointment vide Annexure P-2 and joined as a daily rated employee, she is 'estopped' from challenging the same. No other ground is raised by learned Dy. Govt. Advocate.