MANJEET SINGH Vs. STATE OF M.P.

JUDGEMENT

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

(2.) This Appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 30/11/2017 passed in W.P. No. 2358/2014; whereby, the claim of the appellant for appointment on compassionate ground has been negatived.

(3.) Father of the appellant employed as Security Guard with the Madhya Pradesh Electricity Board, as it was prior to its bifurcation as the Madhya Pradesh Poorva Kshetra Vidyut Vitran Company, died on 02/11/2001. The Appellant was minor. On attaining majority, he applied for compassionate appointment in the year 2004 which was turned down by order communicated on 14/09/2004. Later, vide order No. 01-07//45, Jabalpur dated 01/09/2000, the Board has imposed ban on compassionate appointment. That by order dated 03/10/2013, the respondent-company framed policy for compassionate appointment, 2013 brought in vogue w.e.f. 10/04/2012. The Appellant vide application dated 15/07/2013 again applied for the appointment on compassionate ground. The same was turned down holding that as per Circular No. 13070- 13071, dated 24/12/2014, the claim of the wards of only such employees who died during course of employment and arising out of employment, were to be considered for appointment. Since the death of appellant's father was not during course and arising of employment, his claim was turned down by communication dated 03/02/2016.