PRASHANT MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India while praying for following reliefs:-

(2.) The facts as detailed in the petition reflect that the petitioner is nephew of late Rambhuvan Mishra who was working as Accountant, with Tribal Welfare Department, Rewa. Late Rambhuvan Mishra died while in service and upon the death of late Rambhuvan Mishra, the present petitioner moved an application seeking appointment on compassionate basis. The said application of the petitioner was turned down vide order dtd. 23/1/2018 which is impugned in the present petition as Annexure A/4.

(3.) It is contended by the counsel for the petitioner that the impugned order dtd. 23/1/2018 (Annexure A/4) has been passed in complete ignorance of report dtd. 15/11/2016 which is contained in covering memo filed by the petitioner vide documents No.18763/2022. It is further contended by the counsel that an inquiry was conducted on 15/11/2016 and it was found that the present petitioner who was nominated in the service record of the deceased employee and he was adopted by the deceased employee, therefore, he was the sole legal heir of the deceased employee. It is also contended by the counsel for the petitioner that the deceased employee himself nominated the name of the present petitioner in his service record for the purposes of all admissible benefits. Therefore, the application filed by the petitioner seeking appointment on compassionate basis could not have been turned down by the respondents on the ground that the petitioner is not biological son of the deceased employee. In support of his contention, counsel for the petitioner has placed reliance on the decision of the Apex Court in the case of L. Debi Prasad (dead by LRs) vs. Smt. Tribeni Devi and Others reported in (1970) 1 SCC 677.