Mp State Agricultural Marketing Board vs Harpal Singh on 7 April, 2025

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Madhya Pradesh High Court

Mp State Agricultural Marketing Board vs Harpal Singh on 7 April, 2025

1. The present appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellants being crestfallen by the order dated 24-01-2025 passed by learned Single Judge in Writ Petition No.36707 of 2024 whereby the writ petition filed by respondent No.1 (hereinafter referred to as "the petitioner") has been disposed of with direction to the appellants.

2. Matter pertains to non fulfilling the requisite qualification by the petitioner for the post of Assistant Grade -III under compassionate appointment. Father of the petitioner namely Ramjilal Kushwah who was peon in the Krishi Upaj Mandi Samiti, Alampur died in harness on 28-02-2019, therefore, petitioner was given 2 compassionate appointment on 11-09-2020 on the post of AG-III. Despite lapse of 4 years, since petitioner could not fulfill the requisite qualification of the said post that is clearing CPCT examination, therefore, his services were terminated by the respondents vide order dated 30-09-2024. Writ petition was preferred by the petitioner before learned Writ Court. The learned Writ Court did not quash the termination order but directed the respondents that if petitioner is ready to serve the department on lower post i.e. Class -IV then his case be considered sympathetically.

3. It is the submission of learned counsel for the appellants that since petitioner failed to fulfill the prerequisite of the appointment on the post of AG-III, therefore, he is not entitled to be considered for the lower post also. Maximum opportunities were given to the petitioner to clear the CPCT examination but he did not show any indulgence in clearing the said examination. It is further submitted that in view of clause 13.1 of the appointment order, once petitioner has been considered for the post of AG-III, therefore, now he cannot again be considered for appointment on any other post. It is further submitted that learned Writ Court did not consider the controversy in correct perspective and directed the appellants for consideration of case of petitioner to the lower post. Thus, prayed for setting aside the order passed by learned Writ Court.

4. Learned counsel for respondent No.1/petitioner opposed the prayer and submitted that since petitioner was given appointment on compassionate basis, therefore, in case he was not fulfilling the criteria for AG-III post, then instead of removing him he should be asked to serve the department on lower post. Thus, according 3 to counsel for the petitioner learned Writ Court did not err in passing the order. Thus, prayed dismissal of this appeal.

5. Heard learned counsel for the parties and perused the documents appended thereto.

6. This is a case of compassionate appointment. Father of petitioner who was serving as peon in Krishi Upaj Mandi Samiti, Alampur died in harness on 28-02-2019. Managing Director, M.P. State Agriculture Marketing Board showing grace granted sanction for appointment of petitioner on the vacant post of AG-III in Krishi Upaj Mandi Samiti, Morena on the terms and conditions mentioned in the appointment order.

7. As per the terms and conditions, petitioner had to pass the CPCT examination within 3 years. He failed to do so. Two more years were also given but still he could not pass this examination. Therefore, in the fitness of things, learned Writ Court given liberty to the petitioner to give undertaking to serve the department on lower post - Class -IV. In attending facts and circumstances of the case, no illegality or arbitrariness has been caused by learned Writ Court in passing such order.

8. Purpose of compassionate appointment is to give immediate financial succour to grief-stricken family. Here, in the present case since petitioner was not fulfilling the prerequisites for the post of AG-III then he should be considered for Class -IV post, particularly when father of petitioner was also peon in the respondents' department.

9. Considering the rival submission and the discussion surfaced in the impugned order, it appears that no case for interference is made out.

Accordingly, the order passed by learned Writ Court is hereby affirmed including the liberty granted by learned Writ Court and the writ appeal preferred by the appellants is hereby dismissed.

10. Appeal stands dismissed.

                             (ANAND PATHAK)                              (HIRDESH)
  Anil*                          JUDGE                                     JUDGE



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2.5.4.20=8512f40a1a9eaa50b6802d068b51dae27 e84c266b09d283f0799e67cdc7df50f, CHAURASIY postalCode=474001, st=Madhya Pradesh, serialNumber=EC534CBB3B245F050119F06F4A2 96DD83C765A1E2ACC6EC7D8BD8CBCC9C2446E, cn=ANIL KUMAR CHAURASIYA A Date: 2025.06.06 12:12:44 +05'30'

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