##PAGE1##

NEUTRAL CITATION NO. 2026:MPHC-IND:3480

1 W.P. No.31332/2023

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE JAI KUMAR PILLAI

ON THE 29^TH OF JANUARY, 2026

WRIT PETITION No.31332 of 2023

PRIYANKA PANDEY

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

___________________________________________________________________

Appearance:

Shri Prasanna R. Bhatnagar - Advocate for the petitioners.

Ms. Swati Ukhale – Advocate for respondents/State

___________________________________________________________________

ORDER

This writ petition has been filed by the petitioner under Article

226 of the Constitution of India calling in question the validity and

legality of the impugned communication/order dated 30/10/2023

(Annexure P/1) issued by Respondent No.4, whereby the claim of the

petitioner for Compassionate Appointment has been rejected on the

Signature Not Verified

Signed by: JAGADISHAN

AIYER

Signing time: 03-02-2026

16:07:25

NEUTRAL CITATION NO. 2026:MPHC-IND:3480

2 W.P. No.31332/2023

ground of alleged ineligibility under Clauses 3, 13.1 and 13.2 of the

Compassionate Appointment Policy dated 18/08/2008.

2. The facts of the case, briefly stated are that the father of the

petitioner, Late Shri Sitaram Pandey, was working as Revenue Inspector

in the respondent Department. He died in harness on 10/12/2010,

leaving behind a widow, a son namely Sanjeev Pandey, one unmarried

daughter and one married daughter. After the death of the father of the

petitioner, the petitioner’s brother, Shri Sanjeev Pandey, applied for

Compassionate Appointment in the month of January, 2011 and

submitted the application along with all relevant documents. After

scrutiny, he was called for training for the post of Patwari, which

commenced from 01/07/2014.

3. The petitioner’s brother participated in the training and

successfully completed the training period. After completion of the

training process, respondent No.3 sought police verification, in which

two cases under Section 13 of the Gambling Act of the years 2008 and

2009 were found against him, in which he was held guilty and fined

Rs.100/-. After receipt of the report, respondent No.3 rejected the

candidature of the petitioner’s brother vide order dated 08/01/2015

(Annexure P/3). Being aggrieved by the said order, the petitioner’s

brother filed W.P. No.1108/2016 before this Court, which was

dismissed as withdrawn on 02/05/2023. After rejection of the

Signature Not Verified

Signed by: JAGADISHAN

AIYER

Signing time: 03-02-2026

16:07:25

NEUTRAL CITATION NO. 2026:MPHC-IND:3480

3 W.P. No.31332/2023

candidature of the petitioner’s brother, on 01/10/2016, the petitioner’s

mother submitted an application seeking consideration of the

petitioner’s candidature for Compassionate Appointment along with all

relevant documents, affidavits of other dependents and educational

documents of the petitioner.

4. Afterwards, proceedings were initiated regarding Compassionate

Appointment of the petitioner. In the said proceedings, it was stated by

the respondents that after decision in the case of the petitioner’s brother,

the application of the petitioner would be considered. On different

dates, the same assurance was given. On the basis of such assurance,

the petitioner’s brother withdrew the writ petition. After withdrawal of

the writ petition by the petitioner’s brother, the respondents rejected the

application of the petitioner by the impugned communication dated

30/10/2023, on the grounds that Compassionate Appointment can be

granted only within seven years from the date of death of the employee

and also on the grounds mentioned in Clauses 13.1 and 13.2 of the

policy dated 18/08/2008 (Annexure P/7).

5. Learned counsel for the petitioner contended that the impugned

order rejecting the claim of the petitioner for Compassionate

Appointment is arbitrary, illegal and contrary to the policy governing

Compassionate Appointment. It is submitted that the family of the

deceased employee remained in penury after the death of the sole

Signature Not Verified

Signed