The Madhya Pradesh High Court has issued a directive to the state government, compelling them to provide a compassionate appointment to a man who tragically lost his parents in a road accident almost three decades ago.

Case Brief:

When Rohit Shukla was just nine years old, both his father and mother tragically passed away in a road accident. Upon reaching adulthood in 2003, Shukla sought compassionate appointment from the Water Resources Department, where his father had been employed at the time of his demise. Following the government's refusal to grant him the benefit, Shukla filed a petitionA with the High Court seeking relief.

The single-headed bench ofQ Justice Vinay Saraf dismissed the State’s argument that Shukla could have only sought compassionate appointment within seven years of his father's passing.

The Court called the argument as "misconceived," considering a circular issued by the General Administration Department (GAD) in 2004. This circular permitted a dependent minor to apply for compassionate appointment within one year of reaching adulthood.

According to the records, the Court established that Shukla came of age on June 6, 2003, and subsequently applied for compassionate appointment on June 24 of the same year.

The Court's conclusion was that Shukla couldn't have been denied compassionate appointment due to any delay on his part. Despite the State's offer of a Samvida Shala Shikshak (contractual teacher) position, which was made due to the unavailability of Assistant Grade II or III posts, Shukla declined the offer and sought recourse from the High Court. The State argued in the High Court that Shukla's compassionate appointment case was closed because he declined the contractual position. However, the Court dismissed this submission, stating that...