The court considered the circumstances and relevant documents to determine the eligibility for compassionate appointment.

Mr. Sushrut Arvind Dharmadhikari, J.

1. With the consent of learned counsel for the parties, matter is heard finally.

2. By filing this petition under Article 226 of Constitution of India the petitioner is aggrieved by non-grant of compassionate appointment due to death of his mother Smt. Shushila Bai in a bus accident.

3. Brief facts of the case giving rise to filing of this petition are that the mother of the petitioner Smt. Shushila Bai was travelling in a bus which met with an accident on 11/09/1983 in Quari river situated in Tehsil Vijaypur, District Morena (Now District Sheopur). In fulfillment of commitment of the Chief Minister an order was issued by the Department of General Administration on 06/01/1984 (Annexure P-2) by which it was decided to grant compassionate appointment to one of family member of the deceased who died in bus accident. In view of the letter dated 06/01/1984, the respondent No. 6, who is nephew of the deceased Smt. Shushila Bai, applied for compassionate appointment against death of Smt. Shushila Bai. Thereafter, the petitioner filed a complaint before the Collector, District Sheopur to the effect that respondent No. 6 is not son of the deceased Smt. Shushila Bai, but he is a nephew of deceased Smt. Shushila Bai and, therefore, he is not entitled for compassionate appointment and he has obtained compassionate appointment by playing fraud. The respondents authority acting on the complaint of the petitioner cancelled the appointment of the respondent No. 6 vide order dated 24/03/2007 and submitted that the petitioner being son of the deceased Smt. Shushila Bai is entitled to be appointed on compassionate basis. Thereafter, the matter was enquired by the Deputy Collector on the direction of the Collector. The Deputy Collector in his report submitted that the respondent No. 6 is not entitled for compassionate appointment. Accordingly, the appointment of the respondent No. 6 was cancelled.

4. On the other hand, learned Panel Lawyer for the respondents in their return have relied on the circular of the State Government dated 18/08/2008 in which it is submitted that in accordance with clause 3.2 & 7.1 of the said circular, it is specifically mentioned that member of the family of the deceased is eligible for compassionate appointment upto seven years from the date of death of the deceased and, therefore, since the petitioner has already crossed the age of 37 years, therefore, he is not entitled for compassionate appointment.

5. Heard learned counsel for the parties at length and on going through the circular dated 18/08/2008, it is seen that the same is not applicable to the petitioner as the deceased Smt. Shushila Bai was not a Government servant, but she died in a bus accident for which the respondent vide letter dated 06/01/1984 as a one time measure had decided to grant compassionate appointment to one member of the family of the person who died in the bus accident. Accordingly, the circular dated 18/08/2008 is not applicable in the present case. Looking to the fact that appointment of the respondent No. 6 has already been cancelled. The said cancellation of appointment has been challenged by the respondent No. 6 in W.P. No. 2539/2007(s) before this Court and this Court vide order dated 19/06/2007 has dismissed the W.P.No. 2539/2007 (s), therefore, the petitioner is entitled for compassionate appointment in terms of letter dated 06/01/1984 being son of the deceased Smt. Shushila Bai.

6. Accordingly, keeping in view the letter dated 06/01/1984 and the fact that appointment of the respondent No. 6 has already been cancelled, it is directed that the petitioner shall submit afresh representation before the competent authority within a period of 15 days from today along with certified copy of this order passed today and the competent authority shall decide the representation taking into consideration the letter dated 06/01/1984 (Annexure P-2) as well as the fact that appointment of the respondent No.