PAWAN JADON Vs. STATE OF MP & OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed challenging the order dated 29-8-2011 passed by Chief Municipal Officer, Nagar Panchayat, Kailaras, Distt. Morena, thereby rejecting the application of the petitioner on the ground that the adopted son is not entitled for appointment on compassionate ground.

(2.) The necessary facts for the disposal of the present petition in short are that Shivnath Singh Jadon, was working as Driver in Municipal Council, Kailaras, Distt. Morena and died in harness on 27-11-2007. It is further pleaded that since Shivnath Singh Jadon was issue-less, therefore, he had adopted the petitioner as his son on 16-5-2007 by notarized adoption deed.

(3.) After the death of Shivnath Singh Jadon, the petitioner filed an application for grant of appointment on compassionate ground. The Deputy Director, Urban Administration Department issued a recommendation in favour of the petitioner. Accordingly, a resolution dated 29-5-2008 was also passed by the Municipal Council. Even then, the Chief Municipal Officer, by order dated 16-9-2008, rejected the claim of the petitioner. Being aggrieved by the order of the Chief Municipal Officer, the petitioner filed a writ petition, which was registered as W.P. No. 5389 of 2008 and the same was disposed of by order dated 11-5-2011 by directing the Nagar Panchayat, Kailaras to reconsider the claim of the petitioner in terms of policy dated 22nd Jan. 2007. It is submitted that once again the Chief Municipal Officer, by order dated 29-8-2011 has rejected the claim of the petitioner on the ground that the adopted son cannot be granted appointment on compassionate ground.