Brajendra Singh Sankwar vs State Of M.P.
2022 Latest Caselaw 2096 MP

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               HIGH COURT OF MADHYA PRADESH
                        W.P. No. 4418 of 2012
     (BRAJENDRA SINGH SANKWAR Vs THE STATE OF MADHYA PRADESH AND ORS.)


Gwalior Bench : Dated : 15.02.2022

      Shri D.S. Raghuwanshi, learned counsel for the petitioner.

      Shri Sanjay Kumar Sharma, learned G.A. for respondents/State.

The present petition is preferred against the order dated

26.05.2011 passed by the Chief Conservator of Forest, Gwalior Circle,

Gwalior whereby the application for compassionate appointment

preferred by the petitioner has been turned down.

It is the grievance of the petitioner that his father was serving on

the post of Ranger in Forest Department and died in harness on

03.04.1997. At that time he was 11 years old. Thereafter, he completed

his education and applied for grant of compassionate appointment but

the same was rejected by the respondent. Earlier a petition was filed in

which certain directions were given but still no affirmative steps have

been taken and impugned order has been passed whereby claim of the

petitioner has been rejected.

Learned counsel for the respondent/State opposed the prayer on

the ground that death of employee was of year 1997 and we are

standing in year 2022. Almost quarter of century has passed since then.

Pressing need or financial urgency obliterates with such efflux of time.

Heard.

It is the case where petitioner is seeking compassionate

appointment because of death of his father in harness on 03.04.1997

when he was serving as Ranger in the Forest Department. As per the

HIGH COURT OF MADHYA PRADESH W.P. No. 4418 of 2012 (BRAJENDRA SINGH SANKWAR Vs THE STATE OF MADHYA PRADESH AND ORS.)

recent judgment of Hon'ble Apex Court in the case of Central

Coalfield Limited through its Chairman and Managing Director &

Ors. Vs. Smt Parden Oraon reported in 2021 SCC Online SC 299,

wherein Hon'ble Apex Court has deprecated the practice of giving

compassionate appointment after a significant lapse of time and after

the crisis is over.

Recently Division Bench of this Court (Indore Bench) also

passed an order dated 07.06.2021 in W.A.No.10/2020 (Managing

Director, Madhya Pradesh Paschim Kshetra Vidyut Vitaran

Company & Ors. Vs. Ashiq Shah & another) and also took same

view by saying that inordinate delay disentitles the petitioner to claim

compassionate appointment.

So far as delay and latches are concerned, it appears that the case

of the petitioner is hopelessly barred by time. Almost 25 years have

passed since his father passed away.

Purpose of compassionate appointment is to give immediate

financial succour to grief-stricken family. If the case is of delay and the

considerable period has passed then the scope for appointment on

compassionate basis constricts.

In the cumulative analysis, no case is made out by the petitioner,

hence dismissed.

                                                       (Anand Pathak)
LJ*/-                                                      Judge
         LOKENDRA JAIN
         2022.02.15
         18:15:08 +05'30'