GOPI BAI Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal frescoes a picture and projects a canvass where one is compelled to think of a quadrangular competition in perceptual spheres; compassion and beneficence, law wedded and undivorced from mercy and delineation of a claim of compassionate appointment when the breadwinner of the family dies in harness and death, which in the pragmatic sense does not create the feeling 'I am on the way of bliss' but in a real non-ecclesiastical sense exposits that life has ceased living and many a thing has left unfinished expecting there would be some friendly echo to voice the sorrows and not to put the life into the compartment of a 'commercial transaction to be probated'; and the law, the eternal vigil of a cultured society that rules supreme.

(2.) Mr. N.S. Ruprah, learned counsel appearing for the appellant would contend that the untimely extinction of the life-spark of the husband of the appellant No.1 has caused immense anguish, a turbulent stir in the life pattern of the family and a tribulation, and the family is bound to face harshness and implacability of the unconcerned society and, therefore, a sense of empathy and guided compassion has to be endowed for conferral of benefit of compassionate appointment to his son, Sunil Kumar, a young man, aged one score. The learned counsel for the appellant questioning the correctness of the order passed by the learned Single Judge in W.P. No.22530/2003 would further contend that though the compassionate appointment was due to the appellant No.2 within the four corners of the law and the scheme framed by the respondents but the learned Single Judge has erroneously rejected the same without appreciating the factual scenario in proper perspective, as a consequence of which rectification has become imperative in exercise of jurisdiction of this Court in an intra court appeal provided under Section 2(1) of the M.P. Uchch Nyayalay (Khand Nyaypeeth ko Appeal), Adhiniyam, 2005.

(3.) Before we advert to the facts in detail we think it seemly to quote few lines from William Shakespeare: