MAMTESH CHATURVEDI Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by the fact that the respondent nos. 4 and 5 are not giving compassionate appointment to the petitioner on the post of teacher in their school.

(2.) THE brief facts leading to the filing of the present petition are that the father of petitioner late Shri Indrabhan Tiwari was working as teacher in the School run by the respondents no. 4 and 5 and died while in harness in the year 1992. Thereafter the son of the deceased employee Shailendra Kumar Tiwari applied for compassionate appointment and the Deputy Director Education, Satna issued an order on 29.01.1994 directing the respondents no. 4 and 5 to appoint him on compassionate ground as teacher in their institution. While correspondence between the respondents no. 4 and 5 and the petitioner was going on, the son of the deceased employee, Shailendra Kumar Tiwari obtained a job else where and chose not to press for the compassionate appointment in the establishment of the respondents and instead the petitioner applied for compassionate appointment in place of her brother along with an affidavit of Shailendra Kumar Tiwari to the effect that he does not wish to press for compassionate appointment pursuant to the directions issued by the Deputy Director Education, Satna and compassionate appointment may now be given to the petitioner.

(3.) IT is submitted by the learned counsel for the petitioner that as per the policy for compassionate appointment the petitioner is entitled to be appointed on compassionate ground as a teacher in the school run by the respondents no. 4 and 5 and that the act of the respondents in denying the same, amounts to denial of her rights.