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2016 Supreme(MP) 1022

SUJOY PAUL
Manoj Kumar Nagre – Appellant
Versus
Commissioner of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri L.S. Singh, Senior Advocate with Shri J.L. Soni, Advocate
For the Respondent: Shri Sudeep Chaterjee, Panel Lawyer

ORDER :

Sujoy Paul, J.

1. The core issue involved in this petition filed under Article 226 of the Constitution of India is whether an adopted son has a right of consideration for compassionate appointment.

2. The brief facts necessary for adjudication of the matter are that the petitioner is claiming himself as adopted son of the deceased-Government Employee Smt. Hemlata Nagre, who was working as Upper Division Clerk. The petitioner earlier preferred an application for grant of compassionate appointment. Since the said application was not decided, the petitioner filed W.P. No. 9726/08 before this Court which was disposed of on 29-08-2008 by directing the respondents to consider the case of the petitioner for compassionate appointment as per the policy/circulars applicable in the matter. In turn, the impugned rejection order dated 05-06-2010 is passed whereby it is held that the petitioner being an adopted son is not entitled for compassionate appointment in the teeth of policy dated 18-08-2008.

3. Shri L.S. Singh, learned Senior counsel for the petitioner criticized this order by contending that 'son' includes the adopted son. By placing reliance on subsequent policy dated 29-09-2014,













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