Vijay Kumar Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 1205 MP

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         THE HIGH COURT OF MADHYA PRADESH
                      WP No.6635/2021
          Vijay Kumar Sharma vs. State of M.P. & Ors.

Gwalior, Dated : 01.04.2021

      Shri D.S. Raghuvanshi, Counsel for the petitioner.

      Shri Deepak Khot, Government Advocate for the State.

      This petition under Article 226 of the Constitution of India has

been filed seeking the following reliefs:

                     (i)     That,   the    impugned    order        dated
             08.01.2021 (Annexure P/1) may kindly be quashed.
                     (ii)    That, the respondents be directed to

grant the compassionate appointment to the petitioner with all consequential benefits.

(iii) That, other relief which is just and proper in the facts and circumstances of the case may also be granted.

It is the case of the petitioner that his brother was working as a

Panchayat Secretary and upon his death, the petitioner preferred an

application for his appointment on compassionate ground which has

been dismissed by order dated 8.1.2021 on the ground that the petitioner

is not entitled in the light of the order dated 15.11.2017.

It is submitted by the counsel for the petitioner that the petitioner

is an unemployed brother of the deceased Panchayat Secretary. The

brother of the petitioner expired on 16.12.2015 whereas the marriage of

the petitioner was solemnized on 27.5.2016 and in the light of the

judgment passed by Division Bench of this Court in the case of Nisar

Ahmed Vs. State of M.P. and others by order dated 29.01.2018

THE HIGH COURT OF MADHYA PRADESH WP No.6635/2021 Vijay Kumar Sharma vs. State of M.P. & Ors.

passed in W.A.No.326/2015 the policy which was in vogue on the date

of the death of the deceased employee would applicable and, therefore,

the respondents could not have rejected the claim of the petitioner on

the ground that the petitioner is married.

Considered the submission made by the counsel for the petitioner.

The petitioner has filed a copy of order dated 15.11.2017 by

which a decision was taken to grant appointment on compassionate

ground to the dependent of deceased Gram Panchayat Secretary. In

clause 2 of this order, it is specifically mentioned that the policy dated

29.9.2014 which governs the field of appointment on compassionate

ground was not applicable to the Panchayat Secretaries. Thus it is clear

that the provision for grant of appointment to the dependents of the

Panchyat Secretary came into force for the first time by order dated

15.11.2017. However, as per clause 2(iii) of the policy, only unmarried

brother or sister whosoever is eldest is entitled for consideration of his

or her case for appointment on compassionate ground.

In the present case, the brother of the petitioner had expired on

16.12.2015 and on that day there was no policy for compassionate

appointment. The petitioner got married on 27.5.2016. Even on the date

of marriage of the petitioner there was no policy for appointment on

compassionate ground. The policy for appointment on compassionate

ground came into force from the financial year 2017-18 whereas the

brother of the petitioner had already expired in the year 2015. Under

THE HIGH COURT OF MADHYA PRADESH WP No.6635/2021 Vijay Kumar Sharma vs. State of M.P. & Ors.

these circumstances, it is clear that not only on the date of death of the

brother of the petitioner, there was no policy for appointment on

compassionate ground but even otherwise the case of the petitioner is

not covered under the order dated 15.11.2017 because only unmarried

brother or sister who is eldest is entitled for consideration for

appointment on compassionate ground. Accordingly, in absence of any

policy for appointment on compassionate ground on the date of death of

the brother of the petitioner and in absence of any provision in order

dated 15.11.2017 thereby making the said order retrospective in

operation, no case is made out for entertaining this writ petition.

The petition fails and is hereby dismissed.

(G.S. Ahluwalia) Judge (alok)

Digitally signed by ALOK KUMAR Date: 2021.04.03 16:40:44 +05'30'