SHAILENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER in this writ petition has prayed that respondents be directed to give compassionate appointment to him.

(2.) FATHER of the petitioner namely late Shri Rampati Singh was in the service of State of M. P. He worked as Upper Division Clerk in the Weight and Measurement Department. It appears that near the age of superannuation he was given retirement on 2-3-98 w. e. f. 7-1-98 as per Order (P-4 ). He died on 11-7-99. Initially Shri Shailendra Singh applied in the life time of Shri Rampati Singh for appointment on compassionate ground. His case was rejected by the State Govt. Thereafter present petitioner Shailendra Singh applied for compassionate appointment which prayer too has been rejected as per Order (P-6), dated 8-10-2003. This writ petition has been filed for quashment of Order (P-6), dated 8-10-2003. Order (P-6) is assailed on the ground that deceased employee was disqualified on the medical ground and retirement was ordered, thus, the claim of the petitioner ought to have been considered and appointment ought to have been ordered. Action is illegal and arbitrary.

(3.) SHRI K. K. Pandey, learned Counsel for the petitioner, has submitted that action of the respondents in rejecting the case of the petitioner is illegal and arbitrary. Appointment ought to have been ordered in accordance. with the modified policy which has been placed on record by the petitioner with the list of documents. He has further submitted that when retirement was ordered on medical ground, the respondents ought to have appointed the petitioner on compassionate basis.