NITESH CHATURVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order dtd. 13/10/2021 (Annexure P/2), whereby his compassionate appointment to the post of Laboratory Teacher has been cancelled. He has also challenged the subsequent order dtd. 22/11/2021, by which he has been offered appointment to the post of Peon. The petitioner has further prayed for a direction to the respondents to consider him for appointment to the post of Lower Division Clerk.

(2.) The petitioner's father, Late Shri Rajendra Chaturvedi, was working as Assistant GradeIII in the respondent School Education Department and expired on 25/4/2020. After his demise, the petitioner submitted an application seeking compassionate appointment. His application was favourably considered and, vide order dtd. 11/2/2021 (Annexure P/7), he was appointed as Laboratory Teacher and was posted at Government Higher Secondary School, Chandupura, District Bhind. Thereafter, respondent no.5 passed the impugned order dtd. 13/10/2021, (Annexure P/2) cancelling the petitioner's appointment on the ground that compassionate appointment on the post of Laboratory Teacher could be given only to the dependents of employees working in teaching cadre, whereas the petitioner's father was serving as Assistant GradeIII and, therefore, petitioner was not entitled for appointment on the post of Laboratory Teacher. Subsequently, by order dtd. 22/11/2021, (Annexure P/1) the petitioner was offered appointment to the post of Peon. Being aggrieved, the petitioner has preferred the present writ petition.

(3.) Learned counsel for the petitioner assailed the impugned action contending that under the policy dtd. 29/9/2014, there is no embargo on appointing a dependent of a non-teaching employee on the post of Laboratory Teacher. It is submitted that the petitioner possesses the requisite qualifications for the said post and, therefore, denial of appointment is illegal. It is further argued that the petitioner should have been considered for the post of Lower Division Clerk and that offering him appointment on the post of Peon, ignoring his educational qualifications, is arbitrary. Learned counsel also submitted that the petitioner had applied for compassionate appointment in June' 2020, whereas the instructions on the basis of which the impugned action has been taken were issued by the Director of Public Instructions on 1/2/2021. According to him, the instructions prevailing on the date of submission of the application ought to have been applied, and the benefit cannot be denied on the basis of subsequent instructions. Reliance has also been placed on an order dtd. 3/8/2024 passed by the District Education Officer, Bhind, in the case of one Smt. Varsha Bhadouria, wherein appointment to the post of Laboratory Teacher was granted to a dependent of a non-teaching employee. Hence, it is contended that the impugned action is illegal and the petitioner deserves appointment either as Laboratory Teacher or as Lower Division Clerk.