(1.) THE petitioner before this Court is a Child Constable working at 5th battalion, Special Armed Force, Morena has filed this present writ petition through his guardian mother Munnidevi assailing the legality and validity of the order dated 6-11-2002 by which the compassionate appointment granted to the petitioner has been cancelled.
(2.) THE contention of the petitioner is that the father of the petitioner was serving the Special Armed Force and died in harness while in service. The petitioner has submitted an application for grant of compassionate appointment and the Competent Authority by an order dated 29-8-2001 has granted compassionate appointment to the petitioner as Child Constable. It is also pertinent to note that petitioner while submitting an application for grant of compassionate appointment on 6-8-1997 has categorically informed the Deputy inspector General SAF, Gwalior that he is son of Smt. Munnidevi who is second wife of the deceased Government servant namely Shri Rishav Dev Singh. An affidavit of Smt. Kamlesh first wife of Shri Rishav Dev Singh is also on record wherein she has stated that the petitioner's mother was married to late Shri rishav Dev Singh and she does not have any objection in case compassionate appointment is granted to the petitioner. This fact was very much within the knowledge of authorities and the Commandant, 5th Battalion SAF, Morena has acknowledged this fact in his letter dated 6-8-1997 thereafter, the matter was again examined and on 29-8-1997 the petitioner was informed that his name has been kept in waiting list at serial No. 32-A and as per his turn, he will be granted compassionate appointment, thereafter, the petitioner was medically examined and finally an order has been passed granting him compassionate appointment on 29-8-2001 appointing the petitioner as Child Constable. The petitioner is aggrieved by the order dated 6-11-2002 by which the compassionate appointment granted to him has been withdrawn. The contention of the petitioner is that the aforesaid order has been passed in violation of the principle of natural justice and fair play and there is no dispute that he is son of deceased government servant.
(3.) THE respondent-State has filed a detailed reply and it has been stated in the reply that the name of the petitioner does not find place in the service book of the deceased Government servant. Moreover, the mother of the petitioner is second wife of the deceased Government servant and therefore, the petitioner cannot be treated to be son of the deceased Government servant. The respondents have therefore, justified their action in cancelling the compassionate appointment granted to the petitioner. The respondents at the same time have admitted that this information regarding second wife was very much disclosed by the petitioner while submitting an application for grant of compassionate appointment. The respondents have further stated that Smt. Munnidevi, mother of the petitioner is not a legally wedded wife and the name of petitioner and his mother has not been entered in the service book of the deceased Government servant, therefore, the order of compassionate appointment has rightly been withdrawn.