Smt. Surbhi Bhadauria vs The State Of Madhya Pradesh
2021 Latest Caselaw 1426 MP

                                                        1                               WP-16178-2020
                              The High Court Of Madhya Pradesh
                                         WP-16178-2020
                              (SMT. SURBHI BHADAURIA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 08-04-2021
                            Shri Naveen Kumar, learned counsel for petitioner.

                            Ms. Gulab Kali Patel, learned Govt. Advocate for respondent/State.

Petitioner has filed the present writ petition challenging order dated 01.09.2020 contained in Annexure-P/6.

Counsel appearing for petitioner submitted that one Deputy

Superintendent of Police Jitendra Singh Bhadauria died in an incident on 17.07.2013.

An application was filed by wife of deceased government servant namely Smt. Prem Bhadauria to give compassionate appointment to her son Atrabhavan Singh Bhadauria. Said application was dismissed on 07.12.2015 on the ground that son of deceased government servant cannot be granted compassionate appointment on the post of Sub Inspector as the Post of Sub Inspector is to be filled up as per Madhya Pradesh Police (Non-Gazetted) Service Rules 1997. Thereafter, an application was filed for giving

compassionate appointment to daughter of deceased government servant. Second application was dismissed on the ground that daughter of deceased government servant namely Smt. Surbhi Bhadauria is not entitled for grant of compassionate appointment as per Circular of State Government dated 29.06.2019. Application of petitioner was rejected on the ground that mother of petitioner namely Prem Bhadauria has also filed an application for grant of compassionate appointment to her son. Mother of Petitioner Surbhi Bhadauria has not given consent/permission to her to file an application for grant of compassionate appointment, therefore, her application was rejected. Mother of petitioner has also raised objection for giving appointment to her daughter/petitioner. In these circumstances, application for compassionate appointed filed by petitioner has been rejected. Signature Not SAN Verified Counsel appearing for petitioner submitted that daughter of deceased Digitally signed by SUNIL KUMAR PATEL Date: 2021.04.08 18:07:18 IST 2 WP-16178-2020 government servant is also entitled to get compassionate appointment. He relied on judgment of Division Bench passed in W.A. No.756/2019; Minakshi Dubey Vs. M.P. Poorv Kshetra Vidyut Vitaran Company Limited dated 02.03.2020.

The case of petitioner was not rejected on the ground that petitioner

was married daughter and she is not entitled to get compassionate appointment. Her application for grant of compassionate appointment was rejected as the mother of petitioner has objected to grant compassionate appointment to petitioner and mother had again filed an application for grant compassionate appointment to her son. Government servant had died on 17.07.2013. Petitioner is able to survive for more than seven years without any aid from the State Government. She is a married lady and legal heirs of deceased employee are opposing her appointment on compassionate grounds.

In such case, petitioner does not get any help from the order passed by Division Bench in W.A. No.756/2019. Respondents had already considered the case of petitioner as per order passed by this Court and rejected it on its merits.

In view of aforesaid, I do not find it a fit case for interference. Therefore, writ petition filed by petitioner is dismissed.

(VISHAL DHAGAT) JUDGE

sp/-

Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2021.04.08
18:07:18 IST