IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE JAI KUMAR PILLAI st ON THE 21 OF JANUARY, 2026 WRIT PETITION No. 37213 of 2025 PIYUSH SONONE Versus STATE OF MADHYA PRADESH AND OTHERS Appearance:

Mr. Manu Maheshwari, counsel for the petitioner.

Ms. Swati Ukhale, counsel for the respondents/State.

ORDER Heard finally with the consent of both the parties.

The instant writ petition has been filed by the petitioner under Article

226 of the Constitution of India, by which the petitioner is challenging the impugned rejection order dated 21.03.2022 (Annexure-P/1) passed by the respondent No.3 - Superintendent of Police, Khandwa (MP) for the claim of compassionate appointment, on the ground that the policy does not expressly or specifically entitles the appointment of step-brother.

(2) It is the case of the petitioner that he submitted an application for compassionate appointment on account of his brother's untimely demise and the petitioner being the step-brother of the deceased was entitled for the claim of compassionate appointment, since the petitioner being born from the father's second marriage and was looked after being a dependent in the same house where the deceased brother was resided. The petitioner was nominated by the deceased who happens to be the step brother i.e. born out of first wedlock of his father, therefore, the petitioner was thus claiming the claim of compassionate appointment on the death of step-brother. It was also the case of the petitioner that during the lifetime of the brother (deceased), he nominated the name of petitioner in his service book. It is also undisputed that the petitioner's brother (deceased) was serving as a Constable at Police Line at Khandwa (MP) and while serving the deceased met with an untimely death on account of which the petitioner made an application for compassionate appointment being the step brother of the deceased, as he was born from the same father though being the son of the second wife after the death of first wife of his father. It is further contended by the petitioner that the petitioner was entitled for the said appointment as per the compassionate appointment Scheme dated 29.09.2014 which is Annexure-P/5. The petitioner has relied upon the aforesaid scheme which would be applicable in the case of the petitioner which is annexed as Annexure-P/5.

(3) Counsel for the petitioner has invited the court's attention towards Clause 2.6 of the Scheme dated 29.09.2014 which reads as under:-

''अ(cid:2)ववा(cid:5)हत (cid:5)दवंगत शासक(cid:14)य सेवक के भाई अथवा अ(cid:2)ववा(cid:5)हत बहन को (cid:5)दवंगत शासक(cid:14)य सेवक के माता-(cid:2)पता क(cid:14) अनुशंसा के आधार पर। पर(cid:30)तु अ(cid:2)ववा(cid:5)हत (cid:5)दवंगत शासक(cid:14)य सेवक के माता-(cid:2)पता भी जी(cid:2)वत न हो तो उनके आि(cid:35)त छोटे अ(cid:2)ववा(cid:5)हत भाई/बहन को उनक(cid:14) आपसी सहमित के आधार पर अनुकं पा िनयु(cid:2)(cid:38) द(cid:39)

जाएगी।''

(4) On going through the said clause, however, it is stated that the respondent has relied upon the same clause but has rejected the claim on the ground that the said clause does not include the step brother for the entitlement of compassionate appointment.

(5) Per contra, counsel for the State has objected the claim of the petitioner on the ground stating therein the impugned rejection order dated 21.03.2022 issued by the Superintendent of Police, Khandwa, had obtained the clarification from the Police Headquarters (PHQ) Bhopal (MP) who has stated that the step brother is not included for the eligibility of compassionate appointment. The Superintendent of Police, therefore has relied upon the said clause or clarification dated 10.02.2022 and has interpreted the Clause 2.6 of the scheme dated 29.06.2014 by rejecting the claim of the petitioner for compassionate appointment. The respondents have also relied upon the case decided by the Hon'ble Court in Writ Petition No.3156 of 2020 (Jitendra Kumar Sen vs. State of Madhya Pradesh), wherein it has been held that compa