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Madhya Pradesh High Court

Bharti Lakera vs The State Of Madhya Pradesh on 15 September, 2021

Author: Vishal Mishra

Bench: Vishal Mishra

                                                          1                               WP-18110-2021
                              The High Court Of Madhya Pradesh
                                         WP-18110-2021
                                    (BHARTI LAKERA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 15-09-2021
                            Heard through Video Conferencing.
                            Shri Sanjay Agrawal, learned counsel for the petitioner.
                            Shri Ayur Jain, learned PL for respondent -State.

Issue notice to the respondents on payment of PF by RAD mode within seven days, failing which this petition shall stand dismissed automatically without further reference to the Bench.

Heard on the question of interim relief.

Learned counsel for the petitioner drawn attention of this court to the order passed in W.P. No.9524/2020, (Kumar Resham Meghwal Vs. State of M.P. and another) which was decided on 03.11.2020 having the identical issue, wherein it was held that in cases where the compassionate appointment was granted on earlier occasion, the subsequent circular and imposition of the condition of submitting Computer Proficiency Certification Test Certificate (CPCT) was required to be deposited, although the mandatory condition, but can not be made applicable to the case of the petitioner as the circular is prospective in nature.

Considering the aforesaid aspect, the writ petition was allowed and the termination order was quashed. The present case is exactly identical case as the case of Kumar Resham Meghwal Vs. State of M.P. and another, (supra).

Appearing counsel for the State could not dispute the aforesaid fact. In such circumstances, the operation and effect of the impugned order dated 27.8.2021, (Ann. P-9) is directed to be stayed till the next date of hearing.

List the case in the week commencing 25th of October 2021.

Signature Not               C c as per rules.
 SAN
Verified

Digitally signed by
BASANT KUMAR
SHRIVAS
Date: 2021.09.16
10:20:06 IST
                             2          WP-18110-2021
                                (VISHAL MISHRA)
                                     JUDGE
                      bks




Signature
 SAN      Not
Verified

Digitally signed by
BASANT KUMAR
SHRIVAS
Date: 2021.09.16
10:20:06 IST