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IN THE HIGH COURT OF MADHYA PRADESH A T GWALIOR
G. S. AHLUWALIA, ASHISH SHROTI
Sunny Sen – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the appellant's claim. (Para 2) |
| 2. arguments challenging the learned single judge's order. (Para 3 , 5) |
| 3. court's observations on compassionate appointment criteria. (Para 4 , 7) |
| 4. delay in applications impacts claims for compassionate appointment. (Para 8 , 9) |
| 5. final decision dismissing the writ appeal. (Para 10 , 11) |
JUDGMENT :
Gurpal Singh Ahluwalia, J.
This writ appeal, under Section 2 (1) of the Madhya Pradesh Uchch Nyayalaya (Khand Nyaypeethon Ko Appeal) Adhiniyam, 2005 has been filed against the order dated 07.02.2024 passed in W.P. No. 12082/2021.
2. Facts necessary for disposal of the present appeal, in short, are that father of appellant, namely Sheshnarayan Sen, was working as Assistant Teacher in the respondent/department. While serving at Government Primary School, Khutiyavad, District Guna, he died in harness on 25.10.2007. At that time, the petitioner was a minor, therefore, no application for grant of compassionate appointment was made. Later, on 17.10.2019, he moved an application seeking appointment on compassionate grounds. It was rejected by order dated 11.12.2019. Being aggrieved by the rejection of his claim, petitioner a
Compassionate appointments must be sought promptly to address immediate financial hardship; delays undermine claims, reflecting absence of need.
Compassionate appointments are granted to alleviate immediate hardship due to a breadwinner's death, and significant delays in applications can negate claims for such relief.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
Compassionate appointment is an exception and a concession, not an absolute right, and should be provided only to eligible candidates who can establish the genuineness of their claim.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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