Madhya Pradesh High Court
Madhya Pradesh State Electricity Board vs Smt. Rukmani Bobde on 3 November, 2015
1
W.A. No.596/2015
03.11.2015
Shri Rajas Pohankar, Advocate for the appellants.
Shri M. Shafiqulla, Advocate for the respondent.
Heard counsel for the parties.
Shri M. Shafiqualla, Advocate waives notice on behalf of respondent for final disposal.
As short question is involved, appeal is taken up for final disposal forthwith, by consent.
The respondent had filed writ petition bearing W.P.No.14691/2008 for issuing direction to the appellants to appoint her on compassionate ground. The learned Single Judge accepted the grounds urged by the respondent and issued writ against the appellants directing them to appoint the respondent on compassionate ground.
The learned Single Judge, however, has not addressed the moot question as to whether such appointment can be insisted, much less open to issue writ by the Court even when there was no vacancy available at the relevant time and a ban on fresh recruitment was in operation.
Legal position in this behalf has been considered by the Supreme Court in the case of Hindustan Aeronautics Ltd. vs. A. Radhika Thirumalai (Smt.) (1996) 6 SCC
394. Counsel for the respondent, no doubt, relies on the decision of the Supreme Court in the case of Smt. Sushma 2 W.A. No.596/2015 Gosain and others v. Union of India and others AIR 1989 SC 1976. However, this decision has been considered in the subsequent decision of the Supreme Court, in Hindustan Aeronautics Ltd. (supra).
Without expressing any final opinion on the correctness of this submission or any other contention, we deem it appropriate to set aside the judgment under appeal and instead relegate the parties before the learned Single Judge for fresh consideration of the matter in accordance with law.
Accordingly, the impugned judgment is set aside. Writ petition is restored to the file to its original number and will now proceed for final hearing before the learned Single Judge as per its turn under category Writ (Civil) :
Service Matters - Compassionate Appointment (16.ii) / High Court Expedited Cases : Short Question, Arguments Not Exceeding 30 Minutes (2.ii), as counsel appearing for the parties have assured the Court that they will not exceed the entire argument beyond 30 minutes.
Disposed of accordingly.
(A.M. Khanwilkar) (Sanjay Yadav)
Chief Justice Judge
shukla