HARISH CHANDRA PARMAR Vs. SCHOOL EDUCATION DEPARTMENT

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the order dated 17.10.2014 (Annexure P/12), by which the petitioner,s application for compassionate appointment has been rejected on the ground that another son of the deceased employee is already in Government service, therefore, the petitioner is not eligible for compassionate appointment.

(2.) In brief, the case of the petitioner is that his mother was working as Assistant Teacher in a Govt. Primary School and died in harness on 11.5.2013, therefore, the petitioner had made an application for compassionate appointment. The petitioner's brother Vikram Singh Parmar had also given the affidavit that he was working as Sainik in SAF and is in Government service but is living separately with his wife and has no connection with the other members of the family. By the impugned order dated 17.10.2014 the application for compassionate appointment has been rejected.

(3.) Learned counsel appearing for the petitioner submits that since the petitioner's brother is living separately and has no connection with the other family members of the deceased employee, therefore, the petitioner's application for compassionate appointment cannot be rejected on that ground. In this regard he has placed reliance upon the order passed by the coordinate bench of this Court dated 15.1.2014 in W.P. No.12017/2012 and the judgment of this Court in the matter of Prakash Parmar Vs. Govt. of M.P. reported in 2012 MPLJ (4) 539. As against this, learned counsel for the respondents submits that since one of the family member of the deceased employee is already in Government service, therefore, compassionate appointment cannot be granted to the petitioner.