IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 4 th OF SEPTEMBER, 2023 WRIT PETITION No. 13119 of 2021 BETWEEN:-

DURGESH KHARE S/O LATE MANMOHAN LAL KHARE, AGED ABOUT 30 YEARS, OCCUPATION: EDUCATED UNEMPLOYED R/O WARD NO.7 NEAR KESHAV BHAVAN SUSHMA BOOK DEPOT ORCHHA, DISTRICT NIWARI (MADHYA PRADESH)

.....PETITIONER (BY SHRI SAMDARSHI TIWARI - ADVOCATE WITH SHRI LALJEE KHARE -

ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR ITS SECRETARY PRINCIPAL SECRETARY FOREST DEPT MINISTRY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. CHIEF CONSERVATOR OF FOREST, OFFICE NEAR BIJAWAR NAKA, CHHATARPUR (MADHYA PRADESH)

3. DIVISIONAL FOREST OFFICER GENERAL FOREST DIVISION TIKAMGARH (MADHYA PRADESH)

4.

MANJU KHARE C/O OFFICE OF GENERAL FOREST DIVISION TIKAMGARH (MADHYA PRADESH)

.....RESPONDENTS (SHRI MOHAN SAUSARKAR – GOVERNMENT ADVOCATE FOR RESPONDENTS NOS.1 TO 3/STATE, SHRI ANKIT SAXENA – ADVOCATE FOR RESPONDENT NO.4)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:

“(1) It is, therefore prayed that this Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus and other appropriate writs by directing the respondents to entertain the petitioner's applications for grant of compassionate appointment as well as payment of entire dues of his late father within a time bound schedule, in the interest of justice.

OR In alternative and without prejudice to what has been stated above, since there is a dispute regarding the fact that whether respondent no.4 is legally wedded wife of petitioner's father viz. of the deceased employee, the respondents may kindly be restrained from entertaining the applications of respondent no.4 until and unless succession certificate granted by the competent court of law in favour of respondent no.4 is not produced by the respondent no.4 before the respondent authorities concerned, in the interest of justice.

(2) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner.

(3) To quash the impugned order dated 08.08.2022 (Ann. P-23) by issuance a writ in the nature Certiorari.

(4) To declare that the Resp. No.4 is not entitled to get any family pension of petitioner father late Manmohan Lal Khare because she is not a legal or wedded wife, by issuance a writ in nature of Mandamus.

Following paras also be added in the head of Interim Relief During the pendency of the instant writ petition, the effect and operation of the impugned order dated 08.08.2022 (Ann.P-23) may kindly be stayed and the respondents may kindly be directed not to release or paid the family pension in favour of the Resp.No.4, in the interest of justice.”

2. It is submitted by counsel for petitioner that father of petitioner had died in harness. Accordingly, petitioner as well as respondent No.4 Smt. Manju Khare have claimed benefits including appointment on compassionate ground. In view of dispute as to who is the legal heir of late Shri Manmohan Lal Khare the authorities have directed the respondent No.4 to obtain succession certificate. However this petition has been filed against the grant of provisional family pension to respondent No.4. It is submitted that both the parties have approached the Civil Court of competent jurisdiction and succession proceedings are pending. Accordingly, it is prayed that this petition may be disposed of with a direction to concerning Trial Court to decide succession proceedings as early as possible.

3. The aforesaid submission made by counsel for petitioner was vehemently opposed by counsel for respondent No.4. It is submitted that petitioner has approached this Court by suppressing material facts. Petitioner is running a shop and therefore, his claim that he is an unemployed perso