RIAZUDDIN KHAN Vs. STATE OF MP

JUDGEMENT

(1.) THIS petition was originally filed before the State Administrative Tribunal at Jabalpur on 16.12.1999. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.

(2.) BY this petition the petitioner is challenging the validity of the impugned order Annexure A-10 dated 7.7.1998 by which the candidature of the petitioner to appoint him on compassionate basis has been rejected by Director, Health Services.

(3.) THE contention of learned counsel for the petitioner is that his father died on 3.8.1985 and earlier to the death of his father, his elder brother, namely, Basheeruddin was given appointment on 7.6.1985 on ad hoc basis and therefore the application to provide appointment on compassionate basis cannot be decided and rejected on the ground that the elder brother was given appointment earlier to the death of his father as the cause of action did not accrue on 7.6.1985 when the appointment to his elder brother was given. On these premised submissions, it has been contended by learned counsel for the petitioner that respondents may be directed to reconsider the application of the petitioner.