Amit Diwakar vs State of M.P.

Rohit Arya, J.—By this petition under Article 226 of the Constitution of India petitioner seeks indulgence of this Court in the matter of refusal for providing appointment on compassionate ground as communicated to the petitioner vide communication dated 10/6/2014.

Facts relevant for the disposal of this petition are to the effect that mother of the petitioner Smt. Sushila Devi Diwakar was a government servant working as a teacher in the Government Girls Middle School, Nateran, District Vidisha. She died on 16/6/2009 while in service. Petitioner applied for providing employment on compassionate ground. As per clause 4.1 of the policy dated 18/8/2008 annexed as Annexure P/2, an applicant shall not be entitled to seek appointment on compassionate ground if any one of the members of the deceased family is already in government service or corporation, division, council, commission etc. For ready reference it is quoted below:-

The petitioner while making an application had not disclosed the fact that his brother is already in government service and the affidavit dated 11/7/2012 jointly sworn by the father of the applicant, namely, Durgaprasad, brother of the applicant, namely, Arun Kumar and petitioner/applicant bore declaration to the effect that none of the family members of the deceased Smt. Sushilabai Ahirwar w/o. Durgaprasad Diwakar is in government service. For ready reference relevant para 4 of the affidavit is quoted below:-

On enquiry, it is found that in fact brother of the applicant, namely, Arun Kumar is serving as a teacher in Hamidpur Sankul Centre, Senior Secondary School, Sirnota/Tyonda. In view of the aforesaid, the impugned letter has been issued holding the petitioner not eligible to be considered for appointment on compassionate ground in terms of clause 4.1 (supra).

Having heard the counsel and upon perusal of the documents on record, this Court is of the view that no illegality has been committed by the authority while regretting the petitioner''s request for appointment on compassionate ground in the light of specific clause 4.1 (supra), as petitioner''s brother is already in service as teacher. The judgment cited by petitioner''s counsel reported in Sohan Joshi Vs. State of M.P. and others, W.P. No. 18273/2011 (S) decided on 18/7/2012 is distinguishable on facts as in that case the brother of the applicant was serving in a different State and, therefore, the same was found to be not hit by clause 4.1 of the policy of the Government (supra). Discussion in that behalf is in para 6 of the order dated 18/7/2012 (supra). Accordingly, the writ petition sans merits is hereby dismissed.