POOJA SHAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) Assailing the order dtd. 24/8/2023 passed by the learned Single Judge in dismissing Writ Petition No.26581 of 2021, the writ petitioner is in appeal.

(2.) It is the case of the petitioner that her father was in employment of the respondent/department who died in harness on 29/9/2012. The petitioner was minor at the relevant time. After passing her 10th class examination, she applied for appointment on compassionate grounds. Initially, she was advised to pass 12th class examination. Hence, after passing 12th class examination, she applied for compassionate appointment on 13/12/2019. Her name did not find place in the select list. She submitted representation to the authorities but of no consequence. Therefore, writ petition was filed which came to be dismissed vide impugned order dtd. 24/8/2023.

(3.) The learned writ court took note of the fact that the application for compassionate appointment was filed after a lapse of 8 years from the date of death of her father. In the meantime, the petitioner got married and after her marriage, she cannot be treated as a dependent of the deceased/employee. The status of her husband has not been disclosed by her. The compassionate appointment cannot be claimed as a matter of right. It is a compassion shown to the dependents of the deceased-employee who are under extreme financial crisis on the sudden demise of the sole bread earner. It is an exception to the normal rule of public employment. For grant of compassionate appointment, factum of dependency and penury is required to be considered by the authorities. The relevant scheme which is prevalent at the time of death of employee has to be taken into consideration in terms of the settled provisions of the law.