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2024 Supreme(Online)(MP) 26878
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAVI MALIMATH, & HON'BLE SHRI JUSTICE VISHAL MISHRA ON THE 8th OF JANUARY, 2024 WRIT APPEAL No. 2242 of 2023 BETWEEN:- JALAJDEEP VERMA S/O SHRI DINESH KUMAR VERMA, AGED ABOUT 21 YEARS, R/O H NO 3728 KRISHNA CITY KATANGI ROAD WARD 30 PT DEENDAYA UPADHYAY DISTRICT JABALPUR (MADHYA PRADESH) .....APPELLANT (BY SHRI TIRTHRAJ PILLAI - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HEALTH VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. THE COLLECTOR J A B A L P U R DISTRICT JABALPUR (MADHYA PRADESH) 3. THE JOINT DIRECTORY SANCHANALAY HEALTH S E R V I C E DIVISION JABALPUR (MADHYA PRADESH) 4. THE CHIEF MEDICAL AND HEALTH OFFICER JABALPUR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI S.S. CHAUHAN - GOVERNMENT ADVOCATE) This appeal coming on for admission this day, Hon'ble Shri Justice Vishal Mishra passed the following:
Tirthraj Pillai,
ORDER
Assailing the order dated 06.04.2022 passed by the learned Single Judge in dismissing Writ Petition No.7048 of 2022, the writ petitioner is in appeal. 2. It is the case of the writ petitioner that his maternal grand mother Smt.
Shashi Kala Lakhera who was working as ANM in Up-Swasthya Kendra, Padwar, Primary Health Centre, Barela/Bargi, Jabalpur died in harness on 09.04.2021 due to Covid-19 virus in the Medical College, Jabalpur. The petitioner being a grand-son who was staying with her Naani since childhood, his Naani executed a Will dated 10.01.2016 in his favour. After her death, the petitioner applied for grant of compassionate appointment along with relevant documents and with a consent letter from alive daughter of Smt. Shashikala Lakhera. The petitioner was asked to produce the original copy of the Godnama/Adoption Deed. He has placed his claim on the basis of the Will which has been executed by his Naani and there is no Godnama/Adoption Deed available with him. The authorities have considered the same and rejected the claim of the petitioner. Being aggrieved by the same, the instant writ petition was preferred.
3. The learned writ court took note of the fact that there is no valid adoption deed available with the petitioner, therefore, no relief can be extended to the petitioner. The authorities have rightly rejected the claim of the petitioner. 4. The only question which arises for consideration before this Court is as to whether the petitioner falls under the definition of 'family' as envisaged under the policy of the compassionate appointment of the respondents/department or not.
Admittedly, the petitioner claimed the compassionate appointment on account of death of maternal grand-mother stating that the petitioner was residing with her since childhood and she has executed a Will on 10.01.2016 in his favour. For falling within the purview of the 'family', the petitioner has to show that he was adopted by Naani. Admittedly, there is no Adoption Deed. The Vasiyatnama or Will which has been produced by the petitioner pertains to the properties of the petitioner' maternal grand-mother. The same does not give any right to the petitioner to claim compassionate appointment. The learned writ court has considered the issue in right perspective and finding the petitioner is not entitled for grant of compassionate appointment, has rightly rejected the claim of the petitioner. The petitioner has failed to bring on record any document on the basis of which his claim for compassionate appointment can be based. Under these circumstances, no relief can be extended to the writ petitioner.
5. The writ appeal sans merit and is accordingly dismissed. No order as to costs.
(RAVI MALIMATH) (VISHAL MISHRA) CHIEF JUSTICE JUDGE sj
