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Dependents Of Deceased Employee Categorised As 'Sthai Karmi' Eligible For Grant Of Compassionate Appointment: MP High Court

Zeeshan Thomas
1 July 2022 7:45 AM GMT
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Image Courtesy: Lokesh Mewara

The Madhya Pradesh High Court recently held that there is no impediment with respect to consideration of application for compassionate appointment of dependents of such deceased employees, who were classified as 'Sthai karmis', as per the circular of the State Government dated 07.10.2016.

Deciding the writ petition moved by the dependent of a deceased government employee, Justice M.S. Bhatti held-

Having considered the rival submissions of the parties, this court is of the considered view that once a daily rated employee is classified as 'Sthai karmi' by virtue of Clause- 2 of the Circular dated 07-10-2016, he is treated to be no more a daily rated employee, as they have been classified as Un- skilled/Semi-Skilled/Skilled and against a particular pay-scale and therefore, there is no impediment as regards consideration of application for compassionate appointment of dependents of such deceased employee, who are classified as 'Sthai karmi', therefore, the order impugned on the face of it, is non est and accordingly deserves to be set aside.

The facts of the case were that the father of the Petitioner was working on the post of a peon at the Respondent/University when he died in harness. Subsequently, the Petitioner moved the application before the University for grant of compassionate appointment. However, the application was rejected on the ground that the he was not eligible for the same. Aggrieved with rejection, the Petitioner moved the Court.

The Petitioner submitted that though his father was initially appointed on daily rated basis, his services were later regularised by the University. However, the decision to regularize him was eventually cancelled by the University. He further pointed out that the State Government, vide Circular dated 07.10.2016, had taken a decision to regularise the services of the daily rated employee while classifying them into three categories namely- Un-skilled/Semi-skilled/Skilled with pay-scale as described in paragraph 1.2 of the Circular. Accordingly, in pursuance of the said Circular, the father of the Petitioner was classified as 'Sthai Karmi'.

The Petitioner argued that there was no embargo in the policy hindering the grant of compassionate appointment for dependents of a deceased employee, who was classified as 'Sthai Karmi'. The Petitioner thus, submitted that since the services of his father were regularised by virtue of Circular dated 07.10.2016, his case ought to have been considered for appointment on compassionate basis.

Per contra, the Respondent/University submitted that there is no provision by which, a case of dependent of a daily rated employee can be considered for compassionate appointment. It was further submitted that even the classification of the father of the Petitioner as 'Sthai Karmi' did not change his status and thus, the application moved by the Petitioner was rightly rejected.

Examining the submissions of parties and documents on record, the Court concurred with the arguments put forth by the Petitioner. Accordingly, the Court directed that the case of the Petitioner for appointment on compassionate basis required reconsideration. The matter was remitted to the University to consider the case of the Petitioner afresh within a period of 90 days from receiving the copy.

Representations-

Counsel for the Petitioner- Mr. Raunak Yadav

Counsel for the Respondent- Mr. Nikhil Bhatt

Case Title : ASHISH SONI v RANI DURGAVTI VISHVAVIDHYALAYA

Citation: 2022 LiveLaw (MP) 167

Click Here To Read/Download Order

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