MP High Court has imposed cost of Rs. 1 lakh on the respondents including the State Veterinary Department for denying compassionate appointment to the petitioner on regular post was on contrary given appointment on contractual post though his father when died was working on regular post of Assistant Veterinary Officer.
The court directed the respondent No.3 (Veterinary Services Director Bhopal) to appoint the petitioner (Dharmendra Kumar Tripathi) on compassionate grounds to one of the three posts which the respondents claim are vacant. The same to be done within a period of eight weeks, the court directed.
The court order said the respondents are directed to pay costs in a sum of Rs.1,00,000 (Rs. One Lakh only) to the appellant jointly and severely within a period of eight weeks.
A division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed “in view of the action of the respondents being unsustainable in law where grave injustice has occasioned, we are of the view that ends of justice will be met by directing the respondents to pay costs to him”.
The father of the petitioner Dharmendra Kumar Tripathi was working as an Assistant Veterinary Officer died on 08.12.2000.
The petitioner made an application for grant of compassionate appointment, the petitioner counsel Ram Narayan Tiwari said.
The petitioner was granted a contractual appointment vide order dated 26.06.2002 as Samvida Shala Shikshak Varga-II. The appointment was for a period of three years but after passage of five months through order dated 26.11.2002 this contractual appointment was cancelled on ground the post was not available.
Thereafter, the petitioner made number of representations to the respondents but nothing came of it, the counsel said.
Thus the petitioner moved the high court where the single judge bench dismissed the petition on ground of delay in filing the petition in this matter, the petitioner’s counsel said.
The petitioner filed appeal against the single judge bench order taking ground that he is entitled for grant of appointment on compassionate grounds on regular post.
The division bench allowed the appeal and set aside the single judge bench order.
