RAJ LAXMI SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has prayed for a direction to approve the recommendation of the employer for compassionate appointment. She also prayed for a direction to appoint her on compassionate basis. The order dated 7.5.2009 (Annexure P/11), whereby employer's recommendation was not approved is also called in question.

(2.) The petitioner is wife of late Vijay Kumar Sharma, who was working as Assistant Teacher in respondent No.3 -Institution. He died on 23.8.1999 leaving behind the petitioner. The petitioner, in turn, submitted an application before the employer seeking compassionate appointment. The employer, in turn, passed the order dated 9.9.1999, Annexure P -2, and requested the State Government to accept the recommendation and appoint the petitioner. The petitioner was not appointed and by Annexure P -11, it was intimated that such recommendation cannot be approved. In the return, the respondents stated that a ban was imposed on compassionate appointment w.e.f. 30.11.1999 (Annexure R -1). The petitioner is, therefore, not entitled for compassionate appointment.

(3.) This matter was heard for sometime by this Court on 6.8.2013. Shri S.P.Sharma, learned counsel for the petitioner highlighted that for similarly situated candidates, the recommendations were accepted and they were given appointment on compassionate basis. This Court on the said date directed the State to file additional return explaining the aforesaid position. In turn, additional return is filed by the State.