Judgment:
W.P.No.14795/2013 (M.K.Dwivedi versus State of MP and otheRs.16.09.2013 Heard Shri V.D.S.Chouhan, learned counsel for the petitioner and Shri S.M.Lal, learned G.A.for the State on advance copy on the question of admission.
The petitioner has filed this petition claiming compassionate appointment in place of his unmarried brother who died on 04.03.1997.
It is stated that the authorities are not considering the case of the petitioner by stating that seven years from the death of his unmarried brother have elapsed without taking into the consideration the fact that clause regarding seven years has already been relaxed by the State Government by circulars dated 13.01.2011 and 28.01.2011.
On the said basis it is urged that the respondents be directed to grant compassionate appointment to the petitioner.
Having heard the learned counsel for the petitioner, it is observed that the petitioner's unmarried brother died while in service on 04.03.1997.
On the said date as per the policy prevalent in the State Government, the petitioner was not eligible for being appointed on compassionate grounds as an unmarried brother was not entitled to claim compassionate appointment in place of a deceased employee.
The State Government by policy of 2008 for the fiRs.time provided that in case eligible members in the family of the deceased are not available and in case the surviving members give an affidavit recommending the case of an unmarried brother, his case may be considered.
It is therefore clear that on the death when the petitioner applied for compassionate appointment he was not eligible for compassionate appointment.
It is further clear that after consideration of his case for compassionate appointment, in respect of which the correspondences were exchanged between the authorities, the Collector, Narsinghpur by communication dated 03.06.2013 has ultimately stated that in accordance with the policy, the claim of the petitioner is not worth considering.
Having heard the learned counsel for the petitioner and having perused the documents available on record, I am of the considered opinion that the claim of petitioner for compassionate appointment after a long lapse of time of 16 years cannot be considered, moreso, as the petitioner was not eligible to apply for compassionate appointment at the time of the death of his unmarried brother as there was no provision to grant compassionate appointment to an unmarried brother.
In view of the aforesaid, the petition being meritless is accordingly dismissed.
(R.S.Jha) Judge msp