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Madhya Pradesh High Court

Anant Shukla vs Regional Manager on 16 August, 2022

Author: Nandita Dubey

Bench: Nandita Dubey

                                                          1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                 ON THE 16th OF AUGUST, 2022

                                            WRIT PETITION No. 18041 of 2022

                                  Between:-
                                  ANANT SHUKLA S/O LATE SHRI RAMESH
                                  PRASAD SHUKLA, AGED ABOUT 32 YEARS,
                                  OCCUPATION:    UNEMPLOYED     R/O   JAY
                                  PRAKASH NAGAR WARD NO. 35, SHOBHAPUR
                                  COLONY, TYPE-3-97, PATHAKHEDA, DISTRICT
                                  BETUL (M.P.)

                                                                                     .....PETITIONER
                                  (BY SHRI FALGUN YADAV, ADVOCATE)

                                  AND

                          1.      REGIONAL MANAGER WESTERN COALFIELDS
                                  LIMITED PATHAKHEDA, DISTRICT BETUL
                                  (M.P.)

                          2.      GENERAL MANAGER, PATHAKHEDA WESTERN
                                  COALFIELDS LIMITED PATHAKHEDA DISTRICT
                                  BETUL (MADHYA PRADESH)

                          3.      CHIEF   MANAGING        DIRECTOR, WESTERN
                                  COALFIELDS                 LIMITED NAGPUR
                                  (MAHARASHTRA)

                          4.      DEPUTY    GENERAL           MANAGER(DGMS),
                                  DHANBAD (JHARKHAND)

                          5.      AREA    REGIONAL     MANAGER, WESTERN
                                  COALFIELDS LIMITED PATHAKHEDA DISTRICT
                                  BETUL (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                                  (NONE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                           ORDER

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 8/18/2022 10:26:09 AM 2 This petition has been filed by the petitioner seeking compassionate appointment on the ground that father of petitioner had expired on 25.06.2016 in harness. Earlier, petitioner filed an application which was allowed and he was given appointment on the post of Clerk (Grade-III). However, during physical/medical examination, he was found unfit as he was having myopia in his right eye. The medical board who examined the petitioner also found him unfit and advised for operation.

As per petitioner, he has been successfully operated and was found fit by Akhil Bhartiya Ayurvigyan Sansthan, Saket Nagar, Bhopal on 11.09.2019. Petitioner submits that since now his eye sight is O.K.,he may be given appointment on the post of Clerk, Grade-III. It is stated that petitioner has filed a representation (Annexure P/14) dated 26.06.2022 in this regard before the authority concerned and prays that the same may be considered and decided in view of the recent developments.

Considering the aforesaid, this petition is disposed of with a direction to the respondent no.3/Chief Managing Director, Western Coalfields Ltd. Nagpur, Maharashtra to consider and decide the aforesaid representation of the petitioner, in view of the medical documents submitted along with the representation, within a period of ninety days from the date of production/receipt of certified copy of the order passed today, in accordance with law.

However, it is made clear that this Court has not opined on the merits of the case.

Certified copy as per rules.

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 8/18/2022 10:26:09 AM 3

(NANDITA DUBEY) JUDGE jk Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 8/18/2022 10:26:09 AM