SANTOSH KUMAR JANGELA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dtd. 21/2/2023 passed by District Education Officer, Mandla in File No./Vidhi/2013/478 by which the prayer for grant of appointment on compassionate ground has been rejected.

(2.) The facts necessary for disposal of the present petition in short are that the father of the petitioner was working as an Assistant Teacher. He died in harness on 16/12/1999 leaving behind his family members, who were dependent on the income of late Kanhaiyalal. It is the case of the petitioner that at the time of death of his father he was minor and was not eligible to apply for appointment on compassionate ground. As soon as he attained majority, he applied for appointment on compassionate ground by making an application on 15/10/2007. Late Kanhaiyalal was survived by his wife, two daughters and the petitioner. The mother of the petitioner also died on 12/5/2000 and the sisters of the petitioner got married thereafter.

(3.) It is submitted by the counsel for the petitioner that when the respondents did not take any action on the application filed by the petitioner, then he approached this Court by filing W.P. No.209/2008(s) for early disposal of his application. Accordingly, the said writ petition was disposed of by order dtd. 18/3/2010 and the respondents were directed to expeditiously consider the application. It is submitted that although the impugned order is shown to have been passed on 21/2/2013 but the same was not communicated and accordingly, the petitioner filed a Contempt Petition No.842/2023 which was withdrawn by order dtd. 12/4/2023 with liberty to file fresh writ petition. It is submitted that the claim of the petitioner has been rejected on the ground that the application for grant of appointment on compassionate ground was moved after 7 years of death of his father. It is submitted that the said reason is contrary to Clause 3.2 of policy dtd. 29/9/2014.