STATE OF M.P. Vs. RAMESH KUMAR SHARMA

JUDGEMENT

(1.) HEARD the learned counsel for the parties. Special leave is granted.

(2.) THE respondent's father - - Shri J.P. Sharma, who was a constable, died in 1978 and in November, 1981, the respondent applied for appointment as Sub -Inspector on compassionate grounds. The matter was examined at several levels and ultimately the post of a lower divisional clerk was offered to the respondent, which he did not accept. He moved the State Administrative Tribunal for a direction to the appellant -State for his appointment as APP -Grade -II. By the impugned judgment the Tribunal allowed the prayer of the respondent.

(3.) IN these facts and circumstances, we think that the Tribunal was not right in allowing the case of the respondent. Accordingly, the appeal is allowed, the impugned judgment is set aside and the prayer of the respondent for his appointment as APP -Grade II is rejected. It will, however, be open to the respondent to indicate his agreement to accept the post of lower divisional clerk which was offered to him by the appellants in 1988 and if he does so, the appellant" shall promptly appoint him against that post.