Madhya Pradesh High Court
Arpit Singh Sisodiya vs Madhya Pradesh Pashim Kshetra ... on 1 April, 2023
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 1st OF APRIL, 2023
WRIT PETITION No. 10851 of 2021
BETWEEN:-
ARPIT SINGH SISODIYA S/O SHRI GOVIND SINGH
SISODIYA, AGED ABOUT 32 YEARS,
OCCUPATION: NIL, R/O HOUSE NO. 13, WARD NO.
37 RAMTEKRI, B-13, SHRI KRISHNA HAVELI
SIDDH CHAKRA VIHAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AMIT RAJ, LEARNED-ADVOCATE)
AND
MADHYA PRADESH PASHIM KSHETRA VIDYUT
VITRAN COMPANY LIMITED THR. ITS
1.
ADDITIONAL SECRETARY G.P.H COMPOUND,
POLOGROUND, INDORE (MADHYA PRADESH)
CHIEF ENGINEER MADHYA PRADESH
PASCHIM KSHETRA VIDYUT VITRAN
2.
COMPANY LIMITED UJJAIN REGION, JYOTI
NAGAR UJJAIN (MADHYA PRADESH)
SUPERINTENDENTING ENGINEER MADHYA
PRADESH PASCHIM KSHETRA VIDYUT
3.
VITRAN COMPANY LIMITED MANDSAUR DIST
MANDSAUR (MADHYA PRADESH)
SENIOR ACCOUNTS OFFICER MADHYA
PRADESH PASCHIM KSHETRA VDIYUT
4.
VITRAN COMPANY LIMITED MANDSAUR
(MADHYA PRADESH)
.....RESPONDENTS
(BY MADHUSUDAN DWIVEDI-ADVOCATE)
This petition coming on for orders this day, the court passed the
following:
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ORDER
The petitioner has filed the present seeking direction to the
respondents to appoint him on the post on any post as per his
qualification including the class VI post on account of the death of
his father.
2- Late Govind Singh Sisodiya was working as Assistant
Grade-II in the office of respondents at Mandsaur. He died at the
age of 56 years on 13.10.2018 while in service. The petitioner being
son submitted an application on 16.11.2018 for claiming a
compassionate appointment. Vide letter dated 17.01.2019 directed
the petitioner to obtain a certificate in Computer Diploma and
C.P.C.T. Certificate within three years for appointment to the post
of Assistant Grade-III. The petitioner appeared in the C.P.C.T.
examination but could not obtain the requisite qualifying marks.
Thereafter due to the Covid pandemic, no exams were held and by
that time three years has expired. Hence, the petitioner submitted
another application on 09.06.2021 that he was willing to perform
any duty including class IV post, therefore his application be
considered again. When the said application was not considered the
petitioner approached this Court by way of the present petition.
3- The respondents filed the reply by submitting that as per the
setup of the company the Energy Department of State of M.P.
approved the organizational structure of the company. Vide order
dated 09.06.2011, a total number of 8209 regular posts and 2532
posts for contractual employment as well as 6226 posts reserved for
outsourced employees were made available for the respondent
company. It is also submitted that while restructuring the
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organizational setup the State Government has also approved the
list of dying cadres as mentioned in Annexure V of the Organization
Structure Manual. In the list total 45 posts of Class I to Class IV
have been declared as dying cadre.
4- The respondents framed the Policy of Compassionate
appointment-2013 on 03.06.2013 for grant of compassionate
appointment in its company and thereafter vide notification dated
29.12.2014, the Policy was amended and thereafter a new policy
was framed on 31.07.2018 namely the 'M.P. Pachim Kshetra
Vidyut Vitran Company Ltd. Indore Compassionate Appointment
Policy, 2018. The father of the petitioner died in harness on
13.10.2018 and the petitioner applied for compassionate
appointment on 16.11.2018 therefore at the time of death of the
father of the petitioner and as well as at the time of consideration of
application the policy of 2018 was in force hence same is being
applied in the case of the petitioner. As per clause 4 of the aforesaid
policy of 2018 posts for Class-III and Class IV are mentioned
against which appointment of compassionate ground can be granted
to the dependents of the deceased employee.
As per clause 4 following posts are identified/available for
grant of compassionate appointment:
(a) Class III
Regular Post Samvida Post
Law Assistant Nil
Junior Stenographer Nil
Office Assistant Class-III Nil
Testing Assistant Nil
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5- It is further submitted by the respondents that only the post of
Line Attendant of Class IV category was vacant and for the said
post educational qualification of passing of 10th Class with
Overhead Certificate issued by the State of M.P. Or I.T.I
(SCVT/NCVT) certificate from the recognized State
Government/Central Government Institution or I.T.I. In Electrical
Trade/Lineman or Wireman is a necessary and essential
qualification as prescribed vide order dated 03.06.2017 issued by
the Company but the petitioner does not possess these
qualifications.
6- According to the respondents, the petitioner can be appointed
on a compassionate basis to the post of O.A. Grade-III, he was
given three years' time to obtain the necessary educational
qualification for the said post. Since he has failed to acquire such
qualifications, hence, now he cannot be considered for the
appointment to the said post. In support of the contention, his
contention learned counsel for the respondents has placed reliance
on the judgment passed by the Apex Court in the case of State of
Gujarat Vs. Arvind Kumar Tiwari (2012) 9 SCC 545 and in case
of Rajasthan State Road Transport Corporation & Ors Vs.Revat
Singh (2015) 11 SCC 802. So far as the appointment to the post of
class IV is concerned, it is submitted that the petitioner does not
possess the minimum qualification for the post of line attendant
which is the class 10th pass along with a certificate of Mechanic
from M.P. Licensing Board (Electric), Certificate of Mechanic (in
Overhead Installation Work) issued by M.P. Government or
Certificate.
7- Similar issues came up for consideration before this Court in
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Writ Petition No.34/2019 (Sanjiv @ Sanju Nihale Vs.MPPKVVCL
& Others) decided on 10.01.2020, the Division Bench of this Court
had quashed clause 4.1 of the policy, 2018 which mandates the
minimum qualification for certain posts and also directed the
respondents should have kept all class VI posts for compassionate
appointment and the candidates who are not having technical
qualification can very well be appointed on those posts.
8- The respondents challenged the aforesaid order by way of
SLP (C) 8323/2020. Vide order dated 28.02.2022, the SLP has been
disposed of by quashing the general observation that the
respondents in future shall also consider the cases of compassionate
appointment for class IV post and also quashing Clause 4.1 of the
Compassionate Appointment Policy as they were not necessary. The
operation part of the order dated 28.02.2022 is reproduced below:-
" In our considered view the general observation
that the respondents in future shall also consider the
cases of compassionate appointment for Class-IV posts
and quashing of Clause 4.1 of the Compassionate
Appointment Policy by the High Court in the impugned
order were not necessary. As and when application (s) for
compassionate appointments is/are filed, it is for the
petitioner to consider the such application (s) on its/their
merit. In the facts and circumstances of the case, the
quashing of Clause 4.1 of the compassionate appointment
policy is also hereby set aside."
9- In view of the above learned counsel appearing for the
respondents submits that the claim of the petitioner cannot be
considered for even a class-IV post as the company has taken the
decision not to fill the class IV post by way of compassionate
appointment and so far as for the post of a lineman or Assistant
Grade-III is concerned, the petitioner is admittedly not having
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qualification.
10- In view of the above, since the petitioner does not possess the
qualification for the post of Assistant Grade-III or lineman in view
of Clause 4.1 of policy, no Writ can be issued to the respondents at
this stage. But looking to the fact that exams for CPCT were not
conducted due to the Covid-19 pandemic for two years hence the
petitioner is entitled to get one more opportunity to get the
necessary qualification for the post of AS Gr-III. necessary
qualification as required within 2 years from today thereafter
respondents shall consider his case afresh under the Policy-2018.
The writ petition is disposed of finally . No order as to cost.
(VIVEK RUSIA)
JUDGE
praveen
Digitally signed by VINDESH
RAIKWAR
Date: 2023.04.06 14:35:28
+05'30'
