Smt.Munnai Bai vs Western Coal Fields Ltd.
2022 Latest Caselaw 5135 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                WP No. 13478 of 2005
                                                   (SMT.MUNNAI BAI Vs WESTERN COAL FIELDS LTD. AND OTHERS)

                                   Dated : 08-04-2022
                                         Mr. Rajesh Chand, learned counsel for the petitioner.

                                         Mr. Greeshm Jain, learned counsel for the respondents.

After having heard both the sides at length, there appears to be conflict amongst the two judgments of the Supreme Court, which has been brought to the notice of this Court.

Learned counsel for the petitioner has relied upon the judgment of the

Supreme Court in N.C. Santhosh Vs. State of Karnataka and others (2020) 7 SCC 617. In that case, a three Judge Bench of the Supreme Court held that the policy for compassionate appointment that was existing on the date on which the authority decided the application would be the policy that would be applicable.

Per contra, learned counsel for the respondents has referred to another three Judges Bench of the Supreme Court in the case of State of Madhya Pradesh Vs. Amit Shrivas, (2020) 10 SCC 496, where the Supreme Court has held that the policy that would be applicable while deciding the application for compassionate appointment would be the policy that existed on the date of demise of the public

servant.

Subsequently, the judgment passed by the three Judges Bench of the Supreme Court in Amit Shrivas's case (supra) was also followed by the two Judges Bench of the Supreme Court on 06.09.2021 where again, while passing the judgment, it was observed in brief stating therein that the policy that was in existence at the time when the deceased employee died, would be the policy that would be applicable.

However, in N.C. Santosh's case (supra), in para 16, the three Judges Bench of the Supreme Court also observed that a two Judges Bench in MGB Gramin Bank Vs. Chakrawarti Singh, (2014) 13 SCC 583 on the one side and the contrary view in Canara Bank Vs. M.Mahesh Kumar, (2015) 7 SCC 412 it felt Signature Not Verified SAN the necessity of resolution of the conflicting questions whether the norms applicable on the date of death or on the date of consideration of application Digitally signed by ASHISH DATTA Date: 2022.04.13 16:17:47 IST

would apply. Accordingly, the two Judges Bench of the Supreme Court in SBI Vs. Sheo Shankar Tewari, (2019) 5 SCC 600 , referred the matter for consideration to a larger Bench so that the conflicting views could be reconciled.

In Amit Shrivas's case (supra), the judgment of the coordinate Bench of the

Supreme Court in N.C. Santhosh's case does not appear to have been considered, neither does the three Judges Bench of the Supreme Court in Amit Shrivas's case has taken note of the reference made to the larger Bench by the two Judges Bench in S.B.I. Vs. Sheo Shankar Tewari.

Under the circumstances, this Court is of the opinion that further hearing would be required in order to assess with the aid of the judgments of the Supreme Court on the issue of precedence, to consider which of the two judgments of the Supreme Court would be applicable in this particular case.

As this case is pending since the year 2005, and also the controversy raised is important, this this case on 16.06.2022 "on Top of the List as Item No.1".

(ATUL SREEDHARAN) JUDGE

a

Signature Not Verified SAN

Digitally signed by ASHISH DATTA Date: 2022.04.13 16:17:47 IST