ASHISH DESHPANDE Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India by son of Late Kashinath Deshpande has been filed in the year 2012 seeking indulgence of this Court in the matter of compassionate appointment on the premise that his father working as UDT in the Middle School, Nagankhedi, District Guna passed away on 16/10/2000 during service in harness leaving behind widow, two daughters and one son (petitioner) and the family was in penury.

(2.) The application was filed in the year 2000. According to the petitioner, there was protracted correspondence as regards completion of formalities referable to documents placed on record vide Annexures P/2 to P/8. Since application was not decided despite fulfillment of requirement by applicant or his mother, as directed by respondents, the petitioner had preferred a writ petition before this Court vide writ petition No.3440/2011 seeking direction from this Court against respondents for decision on his application. This Court commanded the respondents to decide the application within two months vide order dated 20/6/2011.

(3.) Respondents by the impugned communication have given the petitioner to understand that since his fresh application, Annexure P/12, (dated 13/7/2011) is filed after coming into force the circular of the State Government dated 13/1/2011, the said application cannot merit consideration in view of clause 2 of the circular, which inter alia provided that if the government servant had died on 13/12/2001 and thereafter for a period of seven years no member of the family could be provided compassionate appointment, he may be given a fresh opportunity to apply for compassionate appointment. As the father of the petitioner had died on 16/10/2000, therefore, the aforesaid facility extended to applicants by virtue of circular dated 13/1/2011 cannot be extended to the petitioner for compassionate appointment. Accordingly, the application was rejected.