VINAY KUMAR ATHIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition is filed being aggrieved of the action of the respondents in giving him appointment on compassionate basis as Constable (M). Petitioner's contention is that his father died in harness on 8/7/2017. On 23/1/2018, the petitioner was given appointment as Bal Arakshak as he had not attained the age of 18 years. On his attaining the age of majority, his compassionate appointment as Bal Arakshak was brought to an end and he was given appointment as Arakshak (M).

(2.) It is submitted that he is challenging his appointment on the post of Constable (M) on the ground of discrimination inasmuch as the petitioner has passed CPCT examination and is entitled to be appointed as ASI (M) and similarly situated persons have been given appointment as ASI (M) but the petitioner is given appointment as Constable (M).

(3.) Placing reliance on paragraph 5.1 of the State Policy for grant of compassionate appointment as contained in Annexure P-6 dtd. 29/9/2014, it is submitted that appointment should have been given on the lowest post to be filled by direct recruitment. It is submitted that the post of Constable (M) is not a post for direct recruitment.