(1.) Petitioner's father late Shyam Sundar Bairagi was working on the post of Forester in the Forest Department of the State of Madhya Pradesh. He died in harness on 18.05.1996. On his death, petitioner's mother had applied for compassionate appointment of the petitioner, who was minor aged 10 years. The said application was rejected by the 4th respondent District Forest Officer, Neemuch vide order dated 13.02.97 (Annexure P/5) directing to the petitioner's mother that the petitioner may apply after attaining the age of majority. Pursuant to this, on attaining the age of majority the petitioner submitted an application for his compassionate appointment on 6.7.05 and again on 11.7.05. The said applications were considered by the respondents and the petitioner was informed vide letter dated 6.12.05 (Annexure P/7) that he can not be appointed on the post of Assistant Grade III or on the post of Peon but if he is willing to accept compassionate appointment on the post of Forest Guard, he may furnish the required information.
(2.) Pursuant to the aforesaid letter dated 6.12.05, the petitioner gave his consent for his appointment on the post of Forest Guard and submitted requisite information with consent letter dated 23.12.05 (Annexure P/8). He also submitted requisite affidavit. Thereafter the petitioner's case was referred to 3rd respondent for further action in the matter. The 3rd respondent along with the recommendation sent the proposal on 2.05.2006 (Annexure P/15)of the petitioner's appointment referring therein that as on 31.3.06 total 29 posts of forest guards in the category of OBC are lying vacant and the petitioner being from OBC category/ he can be given compassionate appointment. However, in stead of passing the order of appointment the petitioner was informed vide letter dated 18.6,2007 (Annexure P/l)that no compassionate appointment can be given to him in view of Circular dated 22.01.07 providing that if there is no eligible major member in the family of the deceased, the compassionate appointment can be given only if the age of majority is attained within 7 years and if the age of majority is attained by the minor after 7 years there would not be eligibility. Feeling aggrieved by this order dated 18.06.07 (Annexure P/l) the petitioner has filed this petition.
(3.) Shri D.M. Kulkarni,learned counsel for the petitioner contends that the respondents while rejecting the petitioner's claim for compassionate appointment have acted arbitrarily and committed serious illegality in rejecting the petitioner's claim on the basis of the policy which came into effect much later from the date of filing of the petitioner's application. He further contends that the petitioner's mother when applied for compassionate appointment of the petitioner she was informed by the respondents that the petitioner can submit an application after attaining the age of-majority. On attaining the age of majority, the application submitted by the petitioner was duly forwarded and consent was obtained by the respondents for his appointment on the post of Forest Guard and the application was farther processed. In this back ground, the rejection order Annexure P/lon the basis of the subsequent policy is wholly unjustified.