Ritu Shilpi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8044 MP

                                                                            1                              WP-25828-2021
                                               The High Court Of Madhya Pradesh
                                                        WP No. 25828 of 2021
                                                      (RITU SHILPI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                       Jabalpur, Dated : 01-12-2021
                                             Shri Ayur Jain, learned counsel for the petitioner.

                                             Ms. Prashansa Bais, Panel Lawyer for the respondent/State.

Heard.

Petitioner has filed an application for compassionate appointment after the death of her husband, who died in harness. Her application was however,

kept pending and vide communication dated 06.04.2021, she was asked to file the succession certificate, so her application could be processed.

Learned counsel for the petitioner has placed reliance on (2009) 13 SCC 600 State of Chhatisgarh and others Vs. Dhirjo Kumar Sengar, wherein it was held by the Supreme Court that for grant of compassionate appointment, succession certificate is not necessary.

Learned Panel Lawyer has fairly conceded to the aforesaid preposition. It is stated that if the petitioner files a fresh representation, the same will be decided as per the prevailing policy.

In view of the aforesaid, the petitioner is directed to file a fresh application for compassionate appointment before the authority concerned alongwith all the requisite documents and the concerned authority shall decide the same in the light of the aforesaid judgment and without being influenced by its earlier order, within a period of 90 days from the date of receipt of certified copy of the order passed today.

It is made clear that this Court has not opined on the merits of the case. With the aforesaid direction, this writ petition stands disposed of. Certified copy as per rules.

(NANDITA DUBEY) JUDGE

gn Signature Not Verified SAN

Digitally signed by SMT. GEETHA NAIR Date: 2021.12.01 17:02:44 IST