JEETU Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) IN this case, there is a peculiar social problem between the parties. The petitioner is claiming a right of compassionate appointment on the ground that now he has become major and his father late Babulal had expired during the course of his employment in the Nagar Palika Parishad, Khargone leaving behind Respondent No. 3 as widow, the petitioner-- his son and five other children. Thus, there are six children in total left behind by late Babulal. The Respondent No. 3, widow of the deceased Babulal, after getting appointment on compassionate ground, has remarried with another person, leaving all the six children on road at the mercy of their grand-father Narayan. Now the petitioner is seeking a direction under Article 226 of the Constitution of India invoking extra-ordinary jurisdiction of this Court that the Respondent No. 1 and 2 be directed to provide him appointment on compassionate basis in place of Respondent No. 3, on the ground that after her remarriage, she is not entitled to continue as she is no longer a widow and she has also left all the children on road at the mercy of their grand-father. The petitioner is also claiming the dues of Insurance, Gratuity and other arrears for the welfare of minor children.

(2.) THE submission of the learned counsel for the petitioner is that the Circular issued by M. P. Government General Administration Department dated 10th June, 1994 is applicable to the employees of the Municipality, Khargone. According to this Circular, as per instruction No. 5 and 17 and other instructions, the major son of the deceased employee is entitled for such appointment and all these rules which are social in nature are meant for the welfare and benefit of the dependant children and members of the family after the death of the employee. As per Family Pension Rules, the widow is entitled to Family Pension only upto the period she remains widow and as per these rules, she will not be entitled for the Family Pension, on remarriage.

(3.) THE submission of the learned counsel for the Respondent No. 1 and 2 is that they have nothing to do and they are ready to comply with the directions as may be issued by this Court. The submission of the learned counsel for the Respondent No. 3 is that the Respondent No. 3 is prepared to keep all the six children with her and is also ready to maintain them even after remarriage and conversion of religion.