Smt. Lata Nigam vs The State Of Madhya Pradesh
2021 Latest Caselaw 2504 MP

                                                        1                               WP-17775-2020
                              The High Court Of Madhya Pradesh
                                         WP-17775-2020
                                 (SMT. LATA NIGAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      4
                      Jabalpur, Dated : 17-06-2021
                            Heard through Video Conferencing.
                            Shri Anand Singh Thakur, learned counsel for the petitioner.
                            Shri S.S. Oberoi, learned Panel Lawyer for the respondents/State.

Petitioner has filed present writ petition challenging order dated 15.07.2020, contained in Annexure P/3.

It is submitted by the counsel appearing for the petitioner that petitioner is wife of late Shri Gopal Narayan Nigam, Assistant Grade III. She had filed an application for grant of compassionate appointment to her daughter namely Smt. Arti Nigam. Application filed by petitioner was rejected on the ground that Smt. Arti Nigam is married and, therefore, she is not entitled for grant of compassionate appointment as per Policy of the State Government dated 29.09.2014.

Counsel appearing for the petitioner further submitted that Condition No. 2.2 of Policy for grant of compassionate appointment dated 29.09.2014

has been struck down by this Court by order dated 02.03.2020 passed in W.A. No. 756/2019. In view of same, counsel appearing for the petitioner made a prayer that matter may be remanded back to respondents to consider the application for grant of compassionate appointment afresh.

Counsel appearing for the State submitted that Condition No.2.2 of the Policy has been struck down by aforesaid judgment. In view of same, said condition no longer holds the field.

In view of aforesaid submission made by the counsel for the parties, writ petition filed by the petitioner is allowed. Matter is remanded back to respondent No.3-Executive Engineer, Barna Left Canal Division Badi, District Raisen (M.P.) for reconsideration of application filed by the petitioner.

Signature Not With aforesaid direction, writ petition filed by the petitioner is disposed SAN Verified

Digitally signed by VINOD KUMAR TIWARI Date: 2021.06.17 17:14:11 IST 2 WP-17775-2020 off.

C.C. as per rules.

                                                      (VISHAL DHAGAT)
                                                           JUDGE


                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.06.17
17:14:11 IST