LI Network
Published on: December 30, 2023 at 12:33 IST
The Madhya Pradesh High Court, Jabalpur Bench, has mandated the State government to provide compassionate appointment to an individual almost three decades after the tragic loss of his parents in a road accident [Rohit Shukla v. The State of Madhya Pradesh].
Rohit Shukla, now 38 years old, was only nine when he lost his father and mother in the accident. Seeking compassionate appointment from the Water Resources Department, where his father had been employed at the time of his demise, Shukla made the request upon reaching adulthood in 2003.
Despite the government’s initial denial of this benefit, Shukla took the matter to the High Court for resolution.
Justice Vinay Saraf dismissed the State’s contention that Shukla could have sought compassionate appointment within seven years of his father’s demise.
The Court referenced a 2004 circular from the General Administration Department (GAD) allowing dependent minors to apply for such appointments within a year of attaining adulthood. Noting Shukla’s majority status on June 6, 2003, and his application on June 24 of the same year, the Court deemed no delay on his part and ruled against denying him the appointment based on timing.
Initially offered a contractual teaching post (Samvida Shala Shikshak) due to the absence of vacant Assistant Grade II or III positions, Shukla declined and pursued legal recourse.
Rejecting the State’s claim that Shukla’s case for compassionate appointment had closed when he declined the contractual post, the Court emphasized his entitlement to a regular vacant position.
Additionally, the Court dismissed the State’s argument that Shukla’s prolonged survival negated his need for financial assistance. It highlighted that at the time of applying for compassionate appointment at 18, Shukla was not earning at all.
Addressing the delay in the process, the Court clarified that Shukla shouldn’t be penalized for the timeline.
Consequently, the Court directed the State to ensure Shukla’s compassionate appointment in line with his eligibility within three months.
