SMT. NIKITA MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition being aggrieved by letter dated 11.02.2008 (Annexure-P/7) by which the petitioner was informed by the respondents about rejection of her representation for compassionate appointment to the post of Assistant Auditor.

(2.) According to the petitioner, she made a representation before the respondents that she is entitled for appointment to the post of Assistant Auditor as has given in the case of one Mrs. Pravina Tiwari who was directly given appointment to the post of Assistant Auditor. The said request was not considered then she approached the State Administrative Tribunal (SAT) by way of filing the Original Application No.262/1998. In the said application, the State Government filed the return and submitted that the case of the petitioner for compassionate appointment was considered at the relevant time on the basis of circular dated 208.1980 and the said circular provides for appointment to the post of LDC and Class-IV post only not above. The case of Mrs. Pravina Tiwari is altogether different as she was given appointment on 29.11.1978 under the policy dated 01.11.1972 prevailing for grant of compassionate appointment on higher post is on the recommendation of the head of department.

(3.) That vide order-dated 21.01.1999, the said Original Application was allowed and the tribunal has held that the applicant is entitled for annual grade increment and other allowances but regularization of her services on the said post can only be done after passing the Hindi Typing Examination or attaining the age of 40 years. So far as the appointment of Compassionate Appointment to the post of Assistant Auditor is concerned, the matter is remitted back to the Department to decide it afresh at par with the case of Mrs. Pravina Tiwari.