SUNIL JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 3.11.2009 (Annexure P/6) by which his claim for compassionate appointment has been rejected on the ground of delay.

(2.) Facts of the case are as under. Petitioner's father late Shri Vimalchand Jain died on 17.03.2002 while working as Assistant District Excise Officer in the Excise Department. Immediately after his death petitioner submitted an application for grant of compassionate appointment dated 11.4.2002 within a month. On consideration of his application vide letter dated 31.5.2003 Assistant Excise Commissioner requested the Collector, Ratlam that Assistant Grade -II post is not vacant in the Excise Department, therefore, claim of the petitioner be considered for appointment in other department. Thereafter petitioner was offered appointment to the post of Samvida Shala Shikshak Grade -III in Panchayat Department. That vide letter dated 5.1.2009 Excise Department requested Chief Executive Officer, Janpad Panchayat, Ratlam to appoint the petitioner on the post of Samvida Shala Shikshak Grade -III. It appears that petitioner did not give consent for the said post. His case was considered by the Excise Department and vide letter dated 3.11.2009 petitioner was informed that he cannot be appointed on compassionate ground that 7 years from the date of death has passed and as per clause 3.2 of the policy dated 22.01.2007 now claim cannot be considered, hence the present petition has been filed.

(3.) Shri Gajankush, learned counsel for the petitioner submits that the delay of 7 years did not cause due to the petitioner. In fact, within a month of the death of his father he submitted the application for compassionate appointment and 7 years have passed due to correspondences between the Excise Department to other Departments. The post offered to the petitioner was not acceptable to him, therefore, he is liable to be considered for appointment in the Excise Department.