PAWAN GUMASTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since pleadings are complete, therefore, with the consent of parties matter is heard finally.

(2.) By the instant petition, the petitioner is claiming that his case for grant of compassionate appointment should be considered in light of the provisions of Policy dated 31.08.2016 (Annexure-P/8) because his case does not fall within the purview of the provisions of Policy dated 29.09.2014 and in view of the instructions issued on 31.08.2016, the petitioner becomes entitled to get the benefit of compassionate appointment despite the fact that his father was working in the work-charged contingency establishment, died in harness holding the post of Time Keeper.

(3.) As per the petitioner, his father died on 07.07.2014 while working as a Time Keeper as work-charged contingency establishment in the respondents/Department. Thereafter, the petitioner moved an application for grant of compassionate appointment and also filed no objection certificate of his family members apprising the Authority that if compassionate appointment is granted to the petitioner, then they would have no objection. He further submits that the respondents have not taken any action on his request then appropriate application in prescribed format was also submitted on 12.01.2017 (Annexure - P/6) for grant of compassionate appointment but no order has been passed by the Authority. Although, it is apprised to the petitioner that there was a letter of the State Government dated 15.12.2016 (Annexure-P/9) addressing to the Chief Engineer of the Department saying that the Policy of compassionate appointment/instructions issued by the GAD on 31.08.2016 would be applicable to the cases of compassionate appointment arose after 31.08.2016 in pursuance to which, general instructions issued by the office of Chief Engineer to the Executive Engineer on 25.01.2017 (Anneuxre-P/10) clarifying that the Policy dated 31.08.2016 would be made effective to the employees of workcharged contingency establishment, if died after 31.08.2016.