Smt. Uma Sen vs The State Of Madhya Pradesh
2022 Latest Caselaw 1500 MP

                                                                        1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    BEFORE
                                                     HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                                                             ON THE 2nd OF FEBRUARY, 2022

                                                         WRIT PETITION No. 2218 of 2022

                                              Between:-
                                              SMT. UMA SEN W/O SHRI PINTU SEN , AGED
                                              ABOUT       26       YEARS, OCCUPATION:
                                              UNEMPLOYED R/O HOUSE NO TF/1 SHEETAL
                                              HOMES APARTMENT MANDI DEEP, RAISEN
                                              DISTRICT RAISEN (M.P.) (MADHYA PRADESH)

                                                                                                    .....PETITIONER
                                              By Shri Aniruddha Prasad Pandey, learned counsel.

                                              AND

                                     1.       THE STATE OF MADHYA PRADESH THROUGH
                                              ITS PRINCIPAL SECRETARY KISHAN KALYAN
                                              DEPARTMENT       MANTRALAYA   BHOPAL,
                                              SATPUDA (M.P.) (MADHYA PRADESH)

                                     2.       DIRECTOR KISHAN KALYAN TATHA KRISHI
                                              VIKASH VINDHYACHAL BHAWAN, BHOPAL
                                              (MADHYA PRADESH)

                                     3.       COLLECTOR     BHOPAL DISTRICT-BHOPAL
                                              (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                              By Shri Piyush Bhatnagar, learned Panel Lawyer.
                                                          (Heard through Video Conferencing)
                                            This petition coming on for admission this day, the court passed the
                                     following:
                                                                         ORDER

The present petition is challenging the validity of the order dated 22.12.2021 passed by the respondent no.2, by which, the claim of the petitioner for compassionate appointment in place of her late mother Smt. Bhatwati Bai was rejected only on the ground that she was a married daughter and, which as per the scheme did not entitle her for consideration of compassionate appointment.

Learned counsel for the petitioner has submitted that the issue is no lo nger res-integra and the full Bench of this Court while deciding Signature Not Verified SAN W.A.No.756/2019 in the case of Meenakshi Dubey Vs. M.P. Poorva Digitally signed by RAVIKANT KEWAT Date: 2022.02.03 11:34:03 IST

Kshetra Vidyut Vitran Co. Ltd. and Others has already settled the issue and has categorically held that even a married daughter would be eligible for compassionate appointment in place of the deceased employee.

Under the circumstances, the impugned order dated 22.12.2021 is quashed. The respondents are requested to decide the case of the petitioner in the light of the judgment passed by the Full Bench of this Court passed in

W.A.No.756/2019.

With the above, the petition is finally disposed of. C.C. as per rules.

(ATUL SREEDHARAN) JUDGE rk.

Signature Not Verified SAN

Digitally signed by RAVIKANT KEWAT Date: 2022.02.03 11:34:03 IST