NISAR AHMED Vs. THE STATE OF M.P.

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) Challenge is to an order dated 17/11/2015 passed in Writ Petition No.5873/2011 (s) whereby the claim of the appellant for direction to respondents to consider him for appointment on compassionate ground has been negatived on the finding that the claim of the petitioner for compassionate appointment was rightly considered as per policy in vogue in 2007 when his claim was considered. Learned Single Judge relied upon the decision in "Bank of Maharashtra and another Vs. Manoj Kumar Deharia and another [2010(4) MPHT 18 (FB)]" whereby Full Bench held that the policy of compassionate appointment prevailing at the time of consideration of the application shall be invoked and not the policy in vogue at the time of the death of government servant.

(3.) The relevant facts are that, father of the appellant, who was a Lower Division Teacher, died in harness on 22.02.1999. The appellant on attaining majority in the year 2001 (his date of birth being 10/08/1983) filed an application for compassionate appointment. The application remained pending and was decided on 20.04.2007 as per Clause 3.2 and 7 of the policy Memo No.C- 3-7/2000/03/1 dated 22.01.2007 issued by the General Administration Department, Government of Madhya Pradesh on the ground of delay. Appellant questioned the order on the anvil that his application ought to have been considered on the basis of the policy in vogue when his father died in 1999 as a right of consideration accrued in his favour. The claim since has been negatived by impugned order.