Citation : 2022 Latest Caselaw 1013 MP
Judgement Date : 20 January, 2022
1
The High Court Of Madhya Pradesh
WA No. 931 of 2021
(KU. ARCHANA VERMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 20-01-2022
Heard through Video Conferencing.
Shri Abhishek Singh, learned counsel for appellant.
Shri Jubin Prasad, learned Panel Lawyer for respondents/State.
The instant intra-court appeal filed u/S. 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assails the final order dated 12.07.2021 passed by the learned Single Judge in W.P.
No.12011/2018, whereby, the writ court while exercising writ jurisdiction u/Art.226 of the Constitution of India has dismissed the petition in question claiming compassionate appointment.
Learned counsel for rival parties are heard on the question of admission.
The judgment of the learned single Judge is based on the latest view of the Apex Court in the case of Indian Bank and Others Vs. Promila and another, (2020) 2 SCC 729 where it was held that the policy prevailing at the time of death of the employee who dies in harness would apply for
considering the application for compassionate appointment.
Learned counsel for appellant is unable to distinguish the aforesaid view of the Apex Court, therefore, no case for interference is made out in the present writ appeal.
Accordingly, writ appeal stands dismissed, sans cost.
(SHEEL NAGU) (SUNITA YADAV)
JUDGE JUDGE
DV
Digitally signed by
DINESH VERMA
Date: 2022.01.22
11:35:29 +05'30'
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