SATISH KUMAR AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) SEEKING compassionate appointment in the establishment of M.P. Power Generating Company, Jabalpur after death of his brother, petitioner has filed this writ petition. Petitioner's brother Late Shri Sushil Kumar Agrawal was working as an Assistant Grade -III in the establishment of M.P. State Electricity Board and he died in harness on 24.10.1993 as is evident from Annexure -P1. It is stated that the petitioner moved an application for grant of compassionate appointment and when the same was not considered, this writ petition has been filed. Placing reliance in a scheme Annexure -P5 issued by the State Government and pointing out that the petitioner is entitled to compassionate appointment, his case is not considered in accordance with the requirement of the scheme, this petition is filed.

(2.) ON notice being issued, Respondent No. 2 represented by Shri Vivek Rusia, learned counsel has filed a detailed reply and it is pointed out that initially, the M.P. State Electricity Board was the employer and after reorganization of the Board, the entire liability is of the reconstituted company. However, Shri Vivek Rusia brings to the notice of this Court the particulars of the scheme for compassionate appointment, as is made applicable in the respondent's establishment by filing the documents Annexure -R1, R2, R3, R4, R5 & R6.

(3.) THAT apart, Shri Rusia, learned counsel points out that the brother of the petitioner died on 24.10.1993 and now after a period of more than 20 years, no compassionate appointment can be granted in the light of the well settled principles of law to the effect that the compassionate appointment is to be granted immediately after the death of the employee and after an inordinate period, no compassionate appointment can be granted.