LAVESH VINOD JOSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order Annexure P-1 by which the compassionate appointment of the petitioner has been kept in abeyance till the petitioner obtains qualification of Teachers Eligibility Test (TET).

(2.) The petitioner was appointed on compassionate basis vide order Annexure P-3 on the post of Samvida Shala Shikshak Grade-III upon death of his father who was serving the Department and died in harness. The petitioner was not TET qualified at the time of appointment and as the fact came to the notice of respondents, then the respondents kept the compassionate appointment order in abeyance.

(3.) The aforesaid issue of TET qualification for compassionate appointment is no longer res-integra. As per Rule 8(1) of The M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 a specific relaxation is granted from qualifying TET in case of compassionate appointment for the posts of Samvida Shala Shikshak Grade I, II and III. The same issue has been decided by a Coordinate Bench of this Court in WP No.6330/2017 so also by a Division Bench of this Court in RP No.1121/2025 decided on 18/7/2025. The Division Bench has held as under:-