Deepak Kori (Mahavar) vs The State Of Madhya Pradesh
2021 Latest Caselaw 7107 MP

      1                                            W.P. No.13881/2021


               HIGH COURT OF MADHYA PRADESH
                    Writ Petition No.13881/2021
     (Deepak Kori (Mahawar) Vs. State of M.P. and others)
Gwalior Bench: Dated 08.11.2021
       Shri Vikram Jatav, learned counsel for the applicant.
       Shri Vijay Sundaram, learned Panel Lawyer for the

respondents/State.

With consent heard finally.

The present petition under Article 226 of the Constitution

of India seeking following relief:-

";kfpdkdrkZ izkFkZuk djrk gS fd ;kfpdkdrkZ }kjk izLrqr fjV ;kfpdk Lohdkj dh tkdj izfr;kfpdkdrkZ dks funsZf'kr fd;k tkos fd og ;kfpdkdrkZ dks mldh ;ksX;rk ds vuqlkj vuqdEik fu;qfDr iznku djsaA vU; U;k;kfpr lgk;rk tks ekuuh; U;k;ky; mfpr le>s ;kfpdkdrkZ dks fnykbZ tkosA"

2. It is the submission of learned counsel for the petitioner

that after death of brother of petitioner in year 2002, his newly

wedded wife namely Shashi Mahore (Respondent No.4 herein)

took the advantage of the situation and got compassionate

appointment. In such appointment process, she gave an affidavit

stating that she would take care of her mother-in-law and other

family members, but she did not take care, therefore, on

complaint and thereafter inquiry, deceased' wife Shashi Mahore

was removed from the service.

3. It is submitted that immediately after marriage of brother of

petitioner, he disappeared in clandestine manner and his body

never traced out by police and therefore, brother of deceased has

an apprehension that something bad has been done either by his

wife or somebody else. Now, in place of his brother, petitioner

may be given compassionate appointment.

4. Learned Panel Lawyer for the respondents/State opposed

the prayer and submitted that after inordinate delay, petitioner

cannot be considered for compassionate appointment.

5. Considering the submissions and the judgments of Hon'ble

Apex Court as well as the order passed by the Division Bench at

Indore in the case of Managing Director, Madhya Pradesh

Paschim Kshetra Vidyut Vitran Company and others Vs.

Ashiq Shah and another vide order dated 07.06.2021 in Writ

Appeal No.10/2020, petitioner at such belated stage is not entitled

for any relief. So far as relief sought by the petitioner by way of

interim relief that mother of petitioner is entitled for all retiral

dues and other benefits are concerned, that cannot be adjudicated

by this court without proper pleadings. Therefore, petitioner is

relegated back to the legal remedies so far as retiral dues and

respective entitlement is concerned to pursue other remedies in

accordance with law including submission of representation

before competent authority or to pursue any other remedy as

available to him. However, relief of compassionate appointment

cannot be given to the petitioner at this belated stage.

6. Petition stands disposed of in above terms.

7. This court has not expressed any opinion on the merits of

the case regarding entitlement of pensionary benefits/retiral dues

of mother of petitioner which shall be taken care by the

competent authority/judicial forum as per law.

(Anand Pathak) Judge Rashid

RASHID KHAN 2021.11.09 11:57:43 +05'30'