Madhya Pradesh High Court
Shubham Sen vs The State Of Madhya Pradesh on 30 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:27738
1 WA-148-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 30th OF OCTOBER, 2025
WRIT APPEAL No. 148 of 2025
SHUBHAM SEN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri H.K.Shukla, learned counsel for the appellant.
Shri Vivek Khedkar, learned Sr. Advocate /Additional Advocate General with Shri
Ravindra Dixit, learned Government Advocate for respondents/State.
ORDER
Per: Justice Pushpendra Yadav By way of this intra-court appeal filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, appellant is challenging the order dated 29.11.2024 passed in W.P.No.37640/2024 whereby the writ petition filed by the appellant herein was disposed of.
2. Brief facts of the case are that after the death of father of appellant, he was appointed on the post of Assistant Grade-III on compassionate ground. In the appointment order, a condition was imposed in respect of obtaining CPCT Examination Certificate within a period of three years from the date appointment. The appellant could not obtain the said CPCT Examination Certificate. The time to obtain the said certificate was extended Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 11/7/2025 3:19:55 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27738 2 WA-148-2025 time to time but appellant failed to obtain CPCT Examination Certificate and consequent upon the same, he was removed from service vide order dated 19.11.2024. The said order was challenged by the appellant before learned writ Court and during the course of arguments, he stated that his case may be considered for appointment on compassionate ground on the post for which passing of CPCT Examination is not required and he may be given appointment even on the post of Peon or Chowkidar. Respondents can consider his case for a lower post for which such qualification is not required, in the light of the judgment passed by this Court in the case of Hiraman Gaikwad Vs. The State of M.P. and Ors. (W.P.No.27996/2023).
3. Considering the submissions made by the counsel for the appellant, learned writ Court disposed of the writ petition with direction to the appellant to make a representation for appointment on Class-IV post and respondents were directed to consider the representation of the appellant in light of the order passed in the case of Hiraman Gaikwad (supra). The said order which is based upon the statement made by counsel for the appellant has been challenged in the instant appeal.
4. During the course of argument, learned counsel for the appellant pointed out that during the intervening period, the appellant has obtained the CPCT Examination Certificate therefore, his case may also be considered on any available Class-III post and if his case is considered and appointment is given on any Class-III post then he would not claim any seniority, back wages and other consequential benefits.
5. Considering the submission made by the counsel for the appellant, Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 11/7/2025 3:19:55 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27738 3 WA-148-2025 and taking into consideration the fact that it is not a case of direct recruitment but it is a case of appointment on compassionate appointment ground. Since the reason for appointment of the appellant was compassionate on account of death of his father therefore, criteria for appointment of appellant was different. The appellant was earlier granted appointed on compassionate ground to tied over the situation which had arisen on account of untimely death of his father. Therefore, under these circumstances the order passed by learned Writ Court is hereby modified with direction to the appellant to make a representation along with CPCT Examination Certificate before the respondents. The appellant is also directed to submit his undertaking/ consent positively for consideration of his case for any other post of Class- III or Class-IV, mentioning therein that in case of appointment on any Class-III post is given, he would not claim any seniority, back wages or any other consequential benefits. The respondent are directed to consider the representation of the appellant against any Class-III post if available or any Class-IV post in accordance with law. Respondents are directed to complete the said exercise within the period of two months from the date of filing of certified copy of this order as well as submission of representation.
6. The order passed by learned writ Court is modified accordingly. The appeal is hereby disposed of.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
Ashish*
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 11/7/2025
3:19:55 PM