IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA th ON THE 13 OF MAY, 2025 WRIT PETITION No. 15798 of 2025 SURENDRA KATIYA AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Abhishek Dwivedi - Advocate for petitioners.

Shri Prabhanshu Shukla - Government Advocate for respondents/State.

ORDER The present petition has been filed seeking the following reliefs-

"(i) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the respondents to regularize the services of the petitioners as per the compassionate appointment scheme and the policies of the State Government and Direct the respondents to grant the petitioners the same benefits and entitlements as regular employees, including salary, pension, and other allowances, as per their entitled status.

(ii) Any other relief/order or direction, as this Hon’ble Court deems fit looking to the facts and circumstance of the case may kindly also be awarded in the interest of justice along with the cost of the proceedings."

2. It is argued that the petitioners are daily wagers who were appointed under the scheme of compassionate appointment way back in the year 2003 for a period of 1 year. They continued to work in the respondent/department as a daily rated employee. The State of Madhya Pradesh has issued a policy Signature Not Verified for grant of permanent status to the daily rated employees who have rendered their continued services in the departments. The policy dated 07.10.2016 was formulated and the case of the petitioners were considered under the said scheme and they were granted permanent status on 14.05.2018.

3. By way of this petition petitioners are seeking regularization of the services on the ground that the initial appointment of the petitioners on compassionate ground was itself faulty as the compassionate appointment should have been given on the regular post. They have relied upon the judgment passed by the Division Bench of this Court in the case of Dharmendra Kumar Tripathi v. State of M.P. and others, W.A. No.977/2021 decided on 12.07.2021. It is argued that the Division Bench has categorically held that compassionate appointment cannot be granted on contractual basis and directed for grant of regular appointment. The same analogy is applicable to the case of the petitioner therefore, the present petition has been filed.

4. Per contra learned counsel for the State has vehemently opposed the contention pointing out the fact that the initial appointment of the petitioners was way back in the year 2003 on certain terms and conditions. The petitioners duly accepted the same and have chosen not to challenge it at any point of time. They continued to work on the post in question as daily rated employees for a period of almost 15 years and thereafter their cases were considered for grant of permanent status in view of the scheme dated 07.10.2016 floated by the State Government and accordingly the employees were granted permanent status. The petitioners also accepted the permanent Signature Not Verified status granted to them. Now this petition has been filed on 29.04.2025 i.e. almost after a lapse of 22 years from the date of issuance of appointment orders to the petitioners on the basis of judgment passed by the Division Bench of this Court. The fact remains that the petitioners have kept quite for long period almost for more than two decades. Now they are coming up with the case for grant of regularization stating therein that the initial appointments on compassionate ground was wrongly done.

5. Learned counsel for the State further argued that the judgment which have been passed by the Division Bench of this Court cannot be made applicable to the case of the petitioner for the reason that they have fairly accepted the appointment granted in the year 2003 without any protest and also the permanent status granted to the petitioners in the year 2018. Therefore, after 22 years the said prayer