Rajeev Sharma vs State of M.P. and Others

This writ appeal has been filed against the order dated 6.5.2013 passed by the learned Single Judge of this Court in Writ Petition No. 2184/2013. The appellant filed an application for compassionate appointment on 10.2.2012 on the ground that his father died on 19.3.1990 while he was in service and after attaining the age of maturity appellant filed an application after 19 years seeking compassionate appointment on the ground that as per Government policy the application for compassionate appointment after death of deceased employee, could be considered upto the period of seven years if post is available. Even though at the time of death of deceased-employee, the dependant of the deceased employee was minor. Thereafter, a petition filed by the appellant before the writ Court and that has already been dismissed vide order dated 06-05-2013 on the same ground.

In our opinion, the appellant has no legal right to claim compassionate appointment in accordance with policy of the Government because as per the policy the minor could file an application for compassionate appointment upto the period of seven years from the death of deceased-employee. In the present case, the appellant filed the application for compassionate appointment after a period of 19 years. Hence, in our opinion, that has rightly been dismissed by the learned Single Judge.

Because we have considered the appeal on merits, hence, there is no necessary to hear the application (I.A. No. 6498/2013) u/s 5 of the Limitation Act for condonation of delay. The writ appeal stands dismissed accordingly.