Garima Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 990 MP

                                                                   1                               WP-6589-2021
                                        The High Court Of Madhya Pradesh
                                                   WP-6589-2021
                                             (GARIMA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                 1
                                 Jabalpur, Dated : 23-03-2021

                                       Shri Nilesh Jain, learned counsel for the petitioner.
                                       Shri Pratyush Shrivastava, learned Panel Lawyer for the
                                 respondent-State.

Heard.

By the instant petition, petitioner is challenging order Annexure-P-4 dated 22/12/2020, whereby he has been asked to submit the certificate of CPCT.

Counsel for the petitioner submits that the said condition for acquiring the qualification is not applicable to the petitioner for the reason that the qualification has been made mandatory by way of circular dated 29/09/2014 and the petitioner was appointed, vide order dated 08/04/2013 much prior to the date of said circular which

is prospective in nature. He further submits that the appointment of the petitioner was on compassionate basis and in this regard law has already been laid down by the Indore Bench in W.P.No.9524/2020 that for compassionate appointment such qualification is not required.

Considering the aforesaid, this petition is disposed of directing the petitioner to appear before the authority and to submit his stand and also submit the judgment passed by the Indore Bench.The authority shall take a decision thereon considering the law as already laid down by the Indore Bench and also the fact whether the provision of that circular is applicable to the petitioner or not. The authority is Signature Not Verified

also directed not to take any coercive action against the petitioner till SAN

Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.03.23 16:26:33 IST 2 WP-6589-2021

the date final order is passed.

(SANJAY DWIVEDI) JUDGE

Sushma

Signature Not Verified SAN

Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.03.23 16:26:33 IST