Pradeep Singh vs State and Others

Rajendra Menon, Judge

Claiming compassionate appointment in accordance with policies and circulars of the State Government, petitioner has filed this writ petition. Petitioner''s father late Balram Singh was working in the office of Tehsildar, Huzur, District-Rewa, he died in harness on 4.11.1996 and, therefore, claiming compassionate appointment, petitioner is said to have submitted an application vide Annexure-P3 on 20.6.2002. Grievance of the petitioner is that the said application is not being finalized and, therefore, he has filed this writ petition.

On notice being issued, respondents have filed the reply and it is stated by them that as the application for compassionate appointment has been filed after a period of more than 7 years, therefore, claim of the petitioner cannot be considered and on such ground respondents have resisted the claim of the petitioner.

From the documents available on record and even on the basis of the averments made by the respondents in Para 1 of the return, it is clear that the application was filed within time i.e. after a period of 6 years and much before a period of 7 years is completed. That apart, policy of the State Government has now changed and the rider of limitation has been removed, now even applications are entertained after a period of 7 years of death.

Keeping in view the aforesaid, the action of the respondents in not considering the claim of the petitioner is unsustainable. Respondents are directed to consider the claim of the petitioner for grant of compassionate appointment in accordance with circulars of the State Government dated 13.1.2011 & 28.2.2011 and decide it in accordance with law within a period of three months.

With the aforesaid, petition stands disposed of. Certified Copy as per rules.