SHWETA SHAKYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Present petition has been filed challenging the order dated 26th of May 2017 passed by respondent no. 3 whereby the application filed for grant of compassionate appointment has been rejected.

(2.) It is alleged by the petitioner that ground on which application is rejected is in violation of the directives contained in the policy dated 29th September, 2014. It is further contended that Clause 3.2 of the said policy has been violated, therefore the action of the respondent is unsustainable in the eyes of law and against the settled principles of law. Thus, he has prayed for quashment of the order.

(3.) It is submitted by learned counsel for the petitioner that after death of petitioner's father on 24th of November, 2007 while in the employment of the respondent department, the petitioner submitted an application for compassionate appointment in proper format on 3rd of October 2016 alleging that she has attained majority on 1st of August 2016 and immediately thereafter she has filed the application. The said application was considered and was erroneously rejected. Learned counsel for the petitioner has drawn attention of this court to Clause-3 of the policy which provides that application for compassionate appointment by a minor be filed within a period of one year from the date he or she attains majority. He has pointed out that she reached the age of majority on 1.8. 2016 and application for compassionate appointment was filed on 3.10. 2016. Thus, respondent has wrongly rejected the application taking into consideration the seven years rider for consideration of application and therefore he has prayed for quashment of the impugned order.