Madhya Pradesh High Court
Sunil Kumar Saket vs The State Of Madhya Pradesh on 21 September, 2021
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 WP-11544-2021
The High Court Of Madhya Pradesh
WP-11544-2021
(SUNIL KUMAR SAKET Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 21-09-2021
Heard through Video Conferencing.
Shri K.P. Singh, learned counsel for the petitioner.
Shri Akshay Pawar, learned Panel Lawyer for the State.
Heard.
By this writ petition, the petitioner has challenged the order dated
14.9.2018, whereby the petitioner's application for compassionate
appointment has been rejected.
The submission of learned counsel for the petitioner is that the
petitioner's father, who was working as Sahayak Adhyapak had died,
therefore, the petitioner has made an application for compassionate
appointment and the petitioner is High School Certificate Examination passed,
therefore, he fulfills the minimum eligibility condition for appointment on the
post of Peon, hence, his candidature could not have been rejected on the
ground of non-fulfillment of eligibility condition. He submits that in the
identical circumstances, Gwalior Bench has passed the order dated
27.08.2020 in W.P. No.12137/2020 (S) in the case of Smt. Neelam Baghel
Vs. State of Madhya Pradesh and others by issuing a direction to
consider the case afresh.
Learned counsel for the State does not object to the same.
The Gwalior Bench in the case of Smt. Neelam Baghel (supra) has
passed the following order:-
"Shri Rudra Pratap Singh Kaurav, counsel for the petitioner.
Shri Anmol Khedkar, Panel Lawyer for the respondents/ State.
Heard finally through video conferencing.
This petition under Article 226 of the Constitution of India has been filed challenging the order dated 27/07/2020 (Annexure P8) passed by respondent No.3, by which the application filed by the petitioner for grant of appointment on compassionate ground has been rejected, on the ground that the petitioner does not hold Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL Date: 2021.09.22 17:39:32 IST 2 WP-11544-2021 the minimum qualification for her appointment on the post of Contract Teacher.
The necessary facts for disposal of the present petition in short are that the husband of the petitioner was working in the Education Department on the post of Sahayak Adhyapak and he died in harness on 05/10/2015.Thereafter, the petitioner filed an application for appointment on compassionate ground disclosing her qualification as Class-X and it was also pleaded that the petitioner has two children to look after, out of them one is handicapped. When the application of the petitioner was not considered, then She made certain representations and in those representations, she specifically pointed out that she may be granted appointment on compassionate ground on the post of peon or if any post of peon is not vacant in the Education Department, then she may be granted appointment on compassionate ground on any Class IV post in any other Department. However, by the impugned order, her application has been rejected on the ground that she does not hold the minimum qualification for her appointment on the post of Contract Teacher.
It is submitted by the counsel for the petitioner that the petitioner had never claimed her appointment on compassionate ground on the post of Contract Teacher. She had always claimed her appointment on compassionate ground on the post of peon or any other equivalent Class-IV post and thus, the order dated 27/07/2020 (Annexure P8) has not been passed by taking the correct facts into consideration.
Per contra, the counsel for the State supported the order dated 27/07/2020. However, after going through the different representations, specifically the representation dated 22/11/2019 (Annexure P6) which bears the receipt of Office of Collector, Datia, the Counsel for the State admitted that it was specifically pointed out by the petitioner that she may be granted appointment on the post of peon or any other equivalent Class- IV post.
Heard the learned counsel for the parties.
From the representation(s) made by the petitioner, it is clear that she had never claimed appointment on compassionate ground on the post of Contract Teacher but she was always claiming her appointment on compassionate ground against any Class-IV post. By the impugned order dated 27/07/2020 (Annexure P8), the respondent No.3 has rejected the representation on the ground that the petitioner is not holding the minimum qualification for her appointment on the post of Contract Teacher. Thus, this Court is of the considered opinion that the application of the petitioner has not been decided by the respondent No.3- District Education Officer by due application Signature Not Verified SAN of mind and has not considered her application for her Digitally signed by PUSHPENDRA PATEL Date: 2021.09.22 17:39:32 IST 3 WP-11544-2021 appointment on the post of any class IV post.
Accordingly, the order dated 27/07/2020 (Annexure P8) is set aside. The matter is remanded back to District Education Officer, Datia to decide the application filed by the petitioner afresh in the light of the representation made by the petitioner on 22/11/2019 (Annexure P6) in which she has specifically clarified that she may be granted appointment on any Class- IV post. Let the entire exercise be completed within a period of two months from the date of production of certified copy of this order. The petitioner is also directed to supply all the copies of representations made by her from time to time including the representation dated 22/11/2019 along with certified copy of this order to the District Education Officer, Datia. With aforesaid observations, this petition is finally disposed of." Since the present case stands on the same footing, therefore, for the detailed reasons assigned in the above order, the impugned order dated 14.9.2018 is set aside and the D.E.O./respondent No.4 is directed to consider the case of the petitioner afresh for appointment on the post of Peon having due regard to the order and direction as contained in the matter of Smt. Neelam Baghel (supra).
Let this exercise be completed within a period of two months from the date of receipt of certified copy of this order.
Certified copy as per rules.
(PRAKASH SHRIVASTAVA) JUDGE pp Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL Date: 2021.09.22 17:39:32 IST