Madhya Pradesh High Court
Laxman Prasad Raikwar vs The State Of Madhya Pradesh on 21 March, 2018
1 Writ Petition No.3171/2017.
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.3171/2017.
(Laxman Prasad Raikwar Vs. The State of MP & others)
Jabalpur, dated 21/03/2018.
Shri Mahendra Pateriya, learned counsel for the
petitioner.
Ms. Namrata Agrawal, learned Government Advocate
for the respondents/State.
With the consent of the counsel for the parties, the writ petition is heard finally.
In the present petition filed under Article 226 of the Constitution of India, a challenge has been made to the order dated 17.02.2017 (Annexure P-8) by which, the application of the petitioner for compassionate appointment has been rejected on the ground that the case of the petitioner is not covered for eligibility of compassionate appointment as per the circulars.
Learned counsel for the petitioner submits that before the date of consideration, the Government has already issued a circular dated 31.08.2016 (Annexure P-7) by which, the dependents of the employees working in the work charged and contingency paid employees have also been held to be eligible for consideration for compassionate appointment.
Upon perusal of the impugned order, I find that there is no consideration to the circular dated 31.08.2016. The said circular was already issued prior to the date of consideration of the case of the petitioner i.e. 17.02.2017. In the return also, it is not stated that the case of the petitioner was previously considered and decided.
2 Writ Petition No.3171/2017.Learned counsel for the petitioner submits that the case of the petitioner be directed to be reconsidered for compassionate appointment in light of the circular issued by the Government dated 31.08.2016.
In view of the aforesaid submissions, I am of the considered view that the circular dated 31.08.2016 which was prevalent on the date of the consideration of the case of the petitioner, the same ought to have been taken into consideration by the Competent Authority.
In view of the aforesaid, it is directed that the Competent Authority will reconsider the case of the petitioner for compassionate appointment taking into consideration the circular dated 31.08.2016 within a period of three months' from the date of filing of the fresh representation alongwith copy of the order passed today.
With the aforesaid directions, the present petition is disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the case.
(VIJAY KUMAR SHUKLA) JUDGE Devashish DEVASHI Digitally signed by DEVASHISH MISHRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH JABALPUR, SH postalCode=482001, st=Madhya Pradesh, 2.5.4.20=db02acf8752ec7d40d9c7b 2706998aa1774d10503fedd8b615a MISHRA e6aa42b0742c1, cn=DEVASHISH MISHRA Date: 2018.03.21 18:21:54 +05'30'