MOTILAL BALMIKI Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) By filing this petition, the petitioner stated that his father was a Safaikarmi/sweeper and died in harness on 27.11.2009. The petitioner submitted an application for grant of compassionate appointment with relevant documents (Annexure P-6). He submitted representation to Chief Municipal Officer (CMO) Narwar, stating that his father died in harness and, therefore, the application be allowed and he be given appointment. Similar representation was preferred to the Collector, Shivpuri for grant of compassionate appointment in the light of para 3 of policy dated 21.5.2002 issued by Urban Administration and Development Department. The case of the petitioner is basically based on this circular, which is specifically issued on the demand of the unions of sweepers, wherein the Government took following decision :-

(2.) On 25.2.2010, the Project Officer of Urban Administration and Development Department issued a letter to the CMO, Narwar directing him to take action in accordance with law. This letter, Annexure P-10, shows that it was made clear by the Urban Development Tribunal, Shivpuri that CMO is competent to issue appointment order. It is stated that the appointment can be made as per the policy in vogue.

(3.) Another letter dated 21.5.2010 (Annexure P-2) is issued by Urban Development Department, Gwalior directing the CMO Narwar to follow the policy dated 21.5.2002 and take action for issuance of appointment order. By order dated 21.5.2010 Nagar Panchayat rejected the claim of the petitioner on the basis of Clause 4.1 of the policy dated 18.8.2008.