VIKRANT VERMA Vs. STATE OF M.P. & OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the orders dated 28/08/2006 and 08/08/2016 passed by respondent No. 4.

(2.) Brief facts of the case are that the father of the petitioner namely Kishor Kumar Verma was serving as Lab Assistant in the Irrigation Department, Soil and Material Testing Division Jabalpur vide order dated 23/11/1996. The father of the petitioner has met with road accident on 20/05/2006 and he along with mother of the petitioner, both died at the spot. The deceased employee left behind two sons named Vikrant Verma aged about 19 years and Vivek Verma aged about 14 years only at the time of his said demise. No other male or female adult members were available in the family and, therefore, the petitioner and his minor younger brother were shifted to their uncle's house, where they are still living with them. The petitioner thereafter applied for compassionate appointment on 29/05/2006. The said application was forwarded to the Director, Irrigation Research, Narmada Bhawan, Tulsi Nagar Bhopal vide letter dated 30/05/2006 to respondent No. 3. The respondent No. 4 thereafter informed the petitioner that as per his clarification and eligibility, no post is vacant and said that his name appears in merit list prepared by them and, therefore, as and when vacancy occurs, the applicant will be considered for compassionate appointment in accordance with the merit list.

(3.) On the other hand, respondents have sought the consent and willingness of the petitioner for appointment as Samvida Shala Shikshak post which he refused and requested for regular post in the department as the case of the petitioner was not considered for a considerable period, therefore, he demanded merit list for the year 2008 through Right to Information Act on 16/12/2008, whereby he came to know that his name stood at serial No. 188. However, the respondents informed that no compassionate appointment has been given after serial No. 188. The petitioner was advised to report before the District Medical Board of Victoria Hospital Jabalpur for medical examination and to submit declaration form and affidavit on the prescribed format. Respondents have also called for police verification of antecedents of the petitioner from Superintendent of Police, Jabalpur which was received by them on 28/06/2011. Thus, all formalities have been completed by the respondents for appointment of the petitioner. As no action has been taken in the matter, the petitioner has submitted a representation on 19/09/2011 but the respondents have not taken any action on the representation submitted by the petitioner. The petitioner further came to know that respondents have considered and given the compassionate appointment in the same post of Ameen to several candidates whose father expired 4-5 years later than the date of death of father of the petitioner. The petitioner, therefore, filed a W.P.No.3612/2012 before this Court. The said writ petition was disposed of vide order dated 14/03/2016 directing the respondents to consider the case of the petitioner for appointment on the post of Ameen from the date of his juniors have been appointed within a period of 60 days from the date of communication of this order. As the order passed by this Court was not complied with, therefore, the petitioner has filed Contempt Petition No. 1065/2016 before this Court.