JABALPUR, India, June 4 -- Madhya Pradesh High Court issued the following judgment/order on May 4:

1. These are two analogous writ petitions filed under Article 226 of the Constitution of India, arising out of rival claims for compassionate appointment following the death of a government employee in harness, hence this common order shall govern disposal of both the writ petitions.

2. Writ Petition No. 13968 of 2023 is taken as the lead case. The petitioner therein, Ritesh Van, seeks a writ of mandamus directing the respondent authorities to accept his application and grant him compassionate appointment. His sister, Anita Van, is arrayed as Respondent No. 5.

3. Writ Petition No. 6223 of 2024 has been preferred by Anita Van, seeking the quashment of the impugned letters dated 23.01.2024 and 06.02.2024 (Annexure R/1), whereby the respondent authorities sought the production of a succession certificate to decide the rival claims. She further seeks a direction for her own compassionate appointment and acknowledgement of her 1/3rd share in the service emoluments. Facts of the Case

4. The father of the rival claimants, Shri Rameshvan Goswami, was regularly appointed as a driver under the establishment of the Civil Surgeon cum Chief Hospital Superintendent, District Hospital Ratlam. He passed away during the course of his employment on 22.06.2020.

5. Following the demise of his father, Ritesh Van submitted an application for compassionate appointment before the competent authorities on 10.12.2021 and 13.12.2021. The respondent authorities directed the production and verification of certain documents, which were duly submitted by him.

6. Anita Van also staked a claim for compassionate appointment. Confronted with the rival claims of the brother and sister, the respondent authorities issued the impugned communications dated 23.01.2024 and 06.02.2024, directing the parties to produce a succession certificate.

7. During his lifetime, the deceased employee had nominated his two sons for the service emoluments. The service emoluments were subsequently disbursed to the sons. Anita Van objected to this disbursement, asserting her rights as a legal heir and dependent, which led to parallel proceedings before the Civil Court for a succession certificate.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/indore/MPHCIND/2024/WP/6223/WP_6223_2024_FinalOrder_04-05-2026.pdf)

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