SATENDRA PARMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed these writ petitions, invoking Article 226 of the constitution of India, challenging the order whereby their initial compassionate appointment order has been modified by inserting a new condition that they would work on consolidated wages fixed by Collector/Labour Commissioner and on successful completion of first three years, the order of regularization of their service as temporary member of Work Charged and Contingency Fund Establishment shall be passed by Competent Authority. Since, all these writ petitions are similar on facts and question of law, therefore, they are being disposed of by this common order. For convenience sake, the facts are taken from W.P. No.1069 of 2021 filed by one Dinesh Upadhyay.

(2.) One late Shri Krishna Kumar Upadhyay was initially engaged on daily wages in respondent Water Resources Department in the year 1984. Subsequently, he was regularized on the post of Electrician Grade-III in work charged establishment vide order, dtd. 1/2/1990. He died in harness on 8/11/2018 leaving behind him his widow, two sons and a daughter. The petitioner is the son of deceased employee.

(3.) After the death of his father, the petitioner applied for compassionate appointment. His request was favorably considered and vide order, dtd. 13/11/2019, (Annexure P/5), he was appointed on compassionate grounds on the post of Unskilled Assistant in the Pay Band of 4440-7440 plus GP of Rs.1300..00 The petitioner accordingly joined and started working on the said post in the office of respondent no.5. Pursuant to the order, dtd. 8/10/2020, passed by Engineer-in- Chief, respondent no.2, the impugned order came to be passed by Chief Engineer (E/M), the respondent no.3, whereby the initial order of compassionate appointment has been modified by inserting Clause 14 as under: