IMPORTANT POINT
Family pension should not be included in the income calculation for compassionate appointment, as established by Supreme Court precedents.

ORDER :

Sanjay K. Agrawal, J.

1. The short question involved in this writ petition is, whether the competent authority has rightly rejected the application for compassionate appointment on the ground that the petitioner’s father is getting pension of Rs.4,100/- / Rs.4,466/- per month?

2. This question arises in the following factual backdrop: -

3. The petitioner’s mother namely, Smt. Godavari Bai died in harness while working as Labour leading to making of application by the petitioner for grant of compassionate appointment which was rejected on 20-6-2012 by the Chief Engineer, Mahanadi Godavari Kachhar, Water Resources Department, Raipur, holding that the petitioner’s father is alive and getting pension, therefore, the petitioner is not entitled for compassionate appointment. The petitioner questioned the order dated 20-6-2012 before this Court in WPS No.4966/2012 in which a coordinate Bench of this Court by order dated 18-12-2015, set aside / quashed the order dated 20-6-2012 and directed to decide the claim of the petitioner afresh for compassionate appointment in accordance with rules and also keeping in view the financial cap fixed by the State for consideration of compassionate appointment. Thereafter, by the impugned order dated 17-2-2016, the petitioner’s claim has been rejected holding that his father is receiving family pension and moreover, the annual income / earning of the family is Rs.68,000/-, therefore, the petitioner is not entitled for compassionate appointment as per the policy of the State Government dated 21-9-2007 (Annexure R-1) admissible at the time of death of the petitioner's mother. Feeling aggrieved against the order impugned dated 17-2-2016 (Annexure P-1), this writ petition has been preferred.

4. Mr. Hemant Kesharwani, learned counsel appearing for the petitioner, submits that though the petitioner has made claim for compassionate apportionment by submitting claim form Annexure R-2 stating therein that his father’s monthly pension of Rs.4,100/- has been included in the family earning which makes it Rs.68,000/- per year i.e. over and above Rs.60,000/-, but pension of the petitioner’s father is not required to be included as per the policy dated 21-9-2007 and their annual income is Rs.18,800/-.

5. Mr. Rahul Tamaskar, learned State counsel, submits that only the deceased pension has too be included and pension of the petitioner’s father is not to be included and therefore the petitioner is not entitled for compassionate appointment.

6. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record carefully and thoroughly as well.

7. This is the second round of litigation, in first round, it has been remitted and now, it has again been rejected. It is the case of the petitioner that the petitioner’s mother died and his father is pensioner getting Rs.4,100/-per month.

8. The criteria for compassionate appointment filed by the State i.e. the circular dated 21-9-2007 (Annexure R-1) states as under: -

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