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Meenakshi Dubey vs Madhya Pradesh Poorva Kshetra Vidyut ... on 2 March, 2020

Per contra, learned counsel for the respondents has stated that the petitioner's case was considered at the relevant time on the basis of the Policy prevalent. It is pointed out that as per Clause 11.1 of the Policy dated 29.09.2014, the dependents of the Work Charged employees were not entitled for compassionate appointment but entitled for only an amount of Rs.2 Lakhs in lieu thereof. The petitioner's case was considered and decided by the committee on 13.07.2016 and an amount of Rs.2 Lakhs was paid to the petitioner. It is submitted that the said order has attained finality as it was not challenged any further. The subsequent amendment in the Policy dated 31.08.2016 was not made applicable with retrospective effect. Hence, the same would not be applicable in the said case. It is further pointed out that the reliance by the petitioner on the case of Meenakhi (supra) is misconceived, as the application of the petitioner was rejected as per Clause 11.1 of the relevant Policy dated 29.09.2014 and not on Clause 2.4.
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Sunil vs Public Health Engineering Department on 9 July, 2019

In the case of Sunil (supra) the father of the petitioner therein died on 30.03.2016. He applied for compassionate appointment under the Policy dated 31.08.2016, however, his claim was rejected vide order dated 20.09.2016 in light of Clause 11.1 of the Policy dated 29.09.2014 which already stood deleted by the subsequent Policy dated 31.08.2016. Considering this aspect the Court Signature Not Verified Signed by: BHARTI GADGE Signing time: 8/26/2022 5:15:02 PM 4 allowed the petition and set aside the impugned order therein and remitted the matter back to the respondents for reconsideration in the light of subsequent Policy dated 31.08.2016.
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