HARSHIT SONDHIYA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Because the reply has been filed hence with the consent of the parties this writ petition is heard finally.

(2.) The petitioner has filed this writ petition against the orders dated 10.3.2014 and 24.12.2014 by which the case of the petitioner for compassionate appointment has been rejected.

(3.) The father of the petitioner was working as Choukidar in the office of Chief Conservator of Forests, Shahdol, district Shahdol. He died in harness on 18.08.2016, while he was in service. At that time, the petitioner was minor. The petitioner submitted an application for compassionate appointment on 2.9.2011. Although, he had become major on 5.3.2012. There was some discrepancy in regard to date of birth of the petitioner. The Chief Conservator of Forests returned the application of the petitioner mentioning the fact that the petitioner belongs to other Backward Classes Category and at that time no post of Forest Guard was vacant in the department in the category of Other Backward Classes. The case of the petitioner was referred to the Collector. The Collector referred the matter by letter dated 28.06.2013 to the Commissioner, Tribal Development, Shahdol for consideration of the case of the petitioner to the post of Peon. The authority returned the case to the Collector with the observation that no post of Peon was vacant in the department under the OBC category. Thereafter, the Collector returned the case back to the Forest Department on 31.1.2014.