ASHUTOSH SADH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs :-

(2.) It is submitted by learned counsel for the petitioner that the petitioner's father was working on the post of Assistant Teacher and was posted in Government Middle School, Block Kesla, Tehsil Itarsi, District Narmada Puram. The father of the petitioner died in harness on 29/12/2008. At the time of death of father, the petitioner was minor of 11 years of age. The petitioner became major or 19/9/2015. The petitioner passed higher secondary examination in the year 2016. In April 2016, the petitioner had submitted an application before the respondent No.4 D.E.O. Narmadapuram. However, no acknowledgment could be demanded because of lack of knowledge. The petitioner was informed that as his father was the employee of the Tribal Welfare Department, the application was required to be filed before the respondent No.5. The petitioner immediately on 18/8/2017 submitted an application annexure P/4 before the respondent no.5. Vide annexure P/5 dtd. 23/12/2017 guidance has been sought by the authorities from the higher authorities. Again on 20/12/2018 he submitted an application for consideration of his application on the sympathetic ground. It was informed to the petitioner that petitioner has not submitted complete documents vide letter dtd. 28/6/2019, annexure P/7. The petitioner again submitted documents on 16/7/2019, annexure P/8. The petitioner was asked for his choice of appointment vide letter dtd. 2/9/2019, annexure P/9. The petitioner has submitted the choice of appointment on the post of Shikshak cadre. As the petitioner was not possessing the B.Ed. or D.Ed certificate of professional degrees which was essential for appointment in teaching cadre, the petitioner was informed by the letter dtd. 1/1/2020 that in case the certificates are not submitted within three days, the application of the petitioner would be rejected. The petitioner requested the authorities to grant compassionate appointment based on the degree of Graduation and grant him 2 years' time to obtain degree of B.Ed vide letter dtd. 9/1/2020. Thereafter, the petitioner again submitted an application on 29/1/2020, annexure P/12, for appointment on the post of Assistant Grade III. The application of the petitioner has been rejected vide order dtd. 18/10/2021, annexure P/13, by a Three Member Committee and a letter dtd. 2/6/2022, annexure P/14, was issued to the petitioner.

(3.) It has been submitted by learned senior counsel for the petitioner that though it is settled law that the policy prevalent at the time of death of deceased employee is applicable for the purpose of compassionate appointment, but the case of the petitioner has been considered in the light of policy dtd. 29/9/2014, which allows the applicant of deceased employee to file an application within one year from the date of his attaining majority. The petitioner has attained majority on 19/9/2015 and first application was submitted in April 2016 to the D.E.O., which was informed to be a wrong forum, therefore, again application was submitted on 18/8/2017, annexure P/4, whereby the option was asked to the petitioner to submit the post, wherein the petitioner had chosen Shikshak cadre. However, in absence of the requisite qualification of B.Ed or D.Ed., he was informed to submit the requisite qualification within three days. Facing with the difficulty, the petitioner again filed an application dtd. 29/12/2020 for his appointment on the post of AG III, which stood rejected vide order dtd. 18/10/2021, annexure P/13. It is submitted that as per clause 12.1 of the 2014 policy, maintaining policy dtd. 18/8/2008, additional proviso in clause 3.2 has been appended in respect of the applicants having minority at the time of death of the employee. In such case, the applicant was given a chance to submit an application within one year from the date of his attaining the majority.