Rajkaran Vishwakarma vs The State Of Madhya Pradesh
2021 Latest Caselaw 642 MP

                                                            1                             WP-24358-2019
                                 The High Court Of Madhya Pradesh
                                            WP-24358-2019
                                 (RAJKARAN VISHWAKARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      2
                      Jabalpur, Dated : 10-03-2021
                                Shri A.K. Garg, learned counsel for the petitioner.
                                Shri V.S. Choudhary, learned Panel Lawyer for the State.
                                Petitioner has filed present writ petition being aggrieved by order dated
                      22.03.2019 contained in Annexure-P/2 by which his application for grant of
                      compassionate appointment was rejected.

                                It is submitted by learned counsel for petitioner that application of
                      petitioner for grant of compassionate appointment was considered on
                      22.03.2019 on basis of policy dated 29.09.2014. It is further submitted by
                      him that on basis of Full Bench Judgment passed in RP No.868/2018 dated
                      04.10.2018, it was held that policy which was applicable on the date of
                      consideration of application, is to be made applicable for consideration of
                      application filed by the dependents of deceased. In present case, deceased
                      has died on 17.07.2016 and application was considered on 22.03.2019. The
                      policy which was applicable on said date, is to be considered by authority,

                      but case of petitioner was rejected on basis of policy dated 29.09.2014.
                                In view of same, order passed by respondent No.3 is bad in law and

contrary to the judgment passed by this Court, therefore, impugned order dated 22.03.2019 (Annexure-P/2) is quashed. Matter is remanded back to authority for considering the case of petitioner as per policy existing as on 22.03.2019.

With aforesaid, writ petition is disposed off.

                                                                                 (VISHAL DHAGAT)
                                                                                      JUDGE


                      shabana




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Date: 2021.03.15
16:33:46 IST