Madhya Pradesh High Court
State Of M.P. And 2 Ors. vs Sunitabai on 16 July, 2014
Writ Appeal No.123/2014
16.07.2014
Ms. Mini Ravindran, learned Deputy Government
Advocate for the appellant / State.
Heard on IA No.697/2014, an application seeking
condonation of delay in filing this appeal.
The delay is of 51 days.
We find that the same has been satisfactorily
explained.
Accordingly, the delay in filing the appeal is condoned.
Heard on the question of admission.
This intra court appeal is directed against the order
dated 18.09.2013 passed by learned Single Judge of this
Court in Writ Petition No.12029/2012.
The respondent / writ petitioner was given
compassionate appointment by the appellants, as his father, who was serving on the post of Constable, died in harness. Thereafter, his services were terminated without giving opportunity of hearing to him on the ground that the deceased employee was having two wives and one of the wife has filed case for grant of succession certificate; the other reason assigned in the order of termination was that the writ petitioner's height is not as per the prescribed height for the post of Constable.
The Writ Court, after examining the issue involved in the writ petition and noticing the fact that the State Government had issued circular dated 15.05.2007, granting 2 relaxation in respect of height and the fact that there was no grievance raised by any of the wives of the deceased employee about the grant of compassionate appointment to the writ petitioner, allowed the writ petition.
We find no infirmity in the order passed by the learned Single Judge.
As a result, the writ appeal fails and is hereby dismissed.
(Shantanu Kemkar) (Mool Chand Garg)
Judge Judge
Pithawe RC