LAWS(MPH)-2023-4-174

GYANWATI THAKUR Vs. STATE OF M.P.

Decided On April 28, 2023
Gyanwati Thakur Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner after attaining the age of superannuation/engagement seeking quashing of order dtd. 21/10/2022, Annexure P-18 whereby petitioner's representation seeking regular appointment after attaining the age of superannuation is rejected after considering the orders of the Coordinate Bench in W.P. No.21351/2021.

(2.) Petitioner's case is that her husband Shri Nagendra Singh thakur was working as a Forest Guard, he died on 29/7/1999. Thereafter since petitioner was IVth Class pass, she had filed an application for grant of compassionate appointment. Under the General Forest Division, Dindori unreserved post of Class IV employees was not vacant. Case was forwarded to the higher Officers and thereafter in absence of any non-gazetted class IV post being available in vacant condition, petitioner was given benefit of appointment as a daily wager. She admittedly attained the age of superannuation on 30/6/2021. Thereafter, petitions are filed claiming that in W.A. No.977/2021 decided on 12/7/2022 Hon'ble Division Bench of this High Court has held that compassionate appointment should be made against a regular sanctioned vacancy.

(3.) Learned counsel for the petitioner drawing attention of this Court to Annexure P-11 submits that Additional Collector, Dindori had informed the Treasury officer, Dindori that one post of Peon was available in the Office of the Treasury Officer, Dindori and, therefore, case of the petitioner was forwarded for grant of compassionate appointment. Thus, it is pointed out that petitioner is agitating the matter from the very beginning but without inferences.