IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE DEEPAK KHOT

th

ON THE 7 OF JANUARY, 2026

WRIT PETITION No. 7558 of 2025

ANGURBALA BHAYDIYA

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Jitendra Prasad Gautam - Advocate for the petitioner. Shri Abhijeet Awasthi - Dy A.G. for the respondent/State.

Shri Sandeep Kumar Shukla, learned counsel for the respondents No.2,

3 and 4.

ORDER on the post of Assistant Grade III in the ST category with the condition to obtain a computer diploma and a CPCT certificate from a recognised institution. The petitioner gave her joining and thereafter procured the certificate of proficiency by securing a Post Graduate Diploma in Computer Application from Dr C.V. Raman University. Thereafter, she also made efforts to obtain the same certificate from the recognised institute of the M.P. State Electronics Development Corporation. She made three attempts but was unable to clear the computer proficiency test. However, she has cleared the Hindi typing by securing 50% marks. Initially, she was given three years' time, and later on, two years' additional time was granted to obtain the necessary qualification. Since she could not obtain the necessary qualification, therefore, under clause 6.5 of the circular dated 29.9.2014, her appointment was cancelled. Thereafter, she preferred departmental appeal, which came to be rejected vide order dated 13.6.2022. Thereafter, the petitioner submitted a representation that her case be considered for appointment to a class IV post so that she may survive along with her daughter and son, aged about 9 years and 6 years respectively, and her aged mother-in-law. The said application came to be rejected vide order dated

Per: Justice Vivek Rusia

The petitioner has filed the present petition, being aggrieved by the

order dated 22.2.2024, annexure P/13, whereby her application for grant of a compassionate appointment on a class IV post has been rejected without

assigning any reasons.

2. Facts of the case, in short, are that the husband of the petitioner was

working as Assistant Grade III in the District Court establishment in Jhabua. He died on 7.1.2016, leaving behind his wife i.e. the petitioner and two minor children. The petitioner submitted her application for a grant of compassionate appointment. Vide order dated 3.1.2017, she was appointed

22.2.2021, hence this petition.

3. Despite service of notice, no reply has been filed by the respondents.

4. The compassionate appointment on account of the death of a Government employee is governed under the policy dated 29.9.2014. As per clause 2.4 of the policy, upon the death of the husband, his wife has the first right to get a compassionate appointment and vice versa. As per clause 5.1 compassionate appointment is liable to be given first on a class III post, and as per clause 5.4, if the dependent does not possess a qualification for such posts, then a compassionate appointment can be given on a class IV post. The policy further mandates that if the post is not lying vacant in the Department where the deceased employee was working, then the head of the Department shall forward the application to other departments where the posts are lying vacant. Therefore, in any circumstances, under this policy, which has been adopted by the High Court for its employees and employees of District court establishments, the application for compassionate appointment needs to be considered in order to give immediate relief to the dependents of the Government employee, who died in harness.

5. In the present case, the petitioner was given an appointment on a Class III post, and she made efforts to procure the requisite qualification, but, somehow, she could not secure the CPCT certificate from the recognised institute. However, she has obtained the certificate from the Open University. From the certificate, it is clear that she has cleared the Hindi typing test in all three attempts. Therefore, h