LAWS(MPH)-2016-10-34

RAMNARESH SHARMA Vs. STATE OF M.P.

Decided On October 20, 2016
Ramnaresh Sharma Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) With the consent of learned counsel for the parties, matter is heard finally.

(2.) By filing this petition under Art. 226 of Constitution of India the petitioner is aggrieved by non-grant of compassionate appointment due to death of his mother Smt. Shushila Bai in a bus accident.

(3.) Brief facts of the case giving rise to filing of this petition are that the mother of the petitioner Smt. Shushila Bai was travelling in a bus which met with an accident on 11/09/1983 in Quari river situated in Tehsil Vijaypur, District Morena (Now District Sheopur). In fulfilment of commitment of the Chief Minister an order was issued by the Department of General Administration on 06/01/1984 (Annexure P-2) by which it was decided to grant compassionate appointment to one of family member of the deceased who died in bus accident. In view of the letter dated 06/01/1984, the respondent No. 6, who is nephew of the deceased Smt. Shushila Bai, applied for compassionate appointment against death of Smt. Shushila Bai. Thereafter, the petitioner filed a complaint before the Collector, District Sheopur to the effect that respondent No. 6 is not son of the deceased Smt. Shushila Bai, but he is a nephew of deceased Smt. Shushila Bai and, therefore, he is not entitled for compassionate appointment and he has obtained compassionate appointment by playing fraud. The respondents authority acting on the complaint of the petitioner cancelled the appointment of the respondent No. 6 vide order dated 24/03/2007 and submitted that the petitioner being son of the deceased Smt. Shushila Bai is entitled to be appointed on compassionate basis. Thereafter, the matter was enquired by the Deputy Collector on the direction of the Collector. The Deputy Collector in his report submitted that the respondent No. 6 is not entitled for compassionate appointment. Accordingly, the appointment of the respondent No. 6 was cancelled.