Sanjay Chohan vs The State Of M.P.Through ...
2022 Latest Caselaw 380 MP

                                  1                               WP-13260-2021
       The High Court Of Madhya Pradesh
                WP No. 13260 of 2021
    (SANJAY CHOHAN Vs THE STATE OF M.P.THROUGH PRINCIPAL SECRETRY AND OTHERS)

Indore, Dated : 07-01-2022
      Shri Dharmendra Chelawat, learned counsel for the petitioner.

      Shri Ranjeet Sen, learned counsel for the respondent/State.

Heard on the question of admission.

By this petition, the petitioner has prayed for quashment of order dated 17.08.2020 (Annexure P/1) and for award of compassionate

appointment to him.

Counsel for the petitioner submits that he had made an application for appointment on compassionate basis on which proceedings have been initiated by the respondents and various correspondences have been exchanged therein but no final order has been passed. On the contrary, by letter dated 17.08.2021 the Chief Executive Officer, Jila Panchayat, Ujjain has sought instructions from the Directorate, Panchayat Raj in that regard. It is submitted that despite lapse of a period of almost two years from the date of making of application by the petitioner, the same has not

been finally decided till now.

Counsel for the respondent/State submits that brother of the petitioner is already a Government employee hence the petitioner is not entitled for being appointed on compassionate basis, in the light of the judgment in the matter of Prajesh Shrivastava vs. State of M.P. and others [2016 (3) M.P.L.J.] 88. It is further submitted that in the concerned department where compassionate appointment is being sought for, presently there is no policy as regard compassionate appointment. However, it is fairly submitted that the case of the petitioner shall be finally decided in accordance with law.

In view of the aforesaid statement, this petition is disposed off with a direction to respondent No.2, The Director, Directorate, Panchayat Raj, 2 WP-13260-2021 Bhopal to advert to and finally decide the case of the petitioner for grant of compassionate appointment to him within a period of four months from the date of receipt of certified copy of this order by passing a reasoned and a speaking order and upon affording an opportunity of hearing to the petitioner.

It is made clear that this court has not expressed any opinion on merits of the case.

(PRANAY VERMA) JUDGE

jyoti

JYOTI Digitally signed by JYOTI CHOURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE,

CHOUR postalCode=452001, st=Madhya Pradesh, 2.5.4.20=330074fbbbcc4f9242630bba0c97e3f c7f9da09db33f42cc8a625ed7d358a468, pseudonym=DD235A64806EF898F522FA1BA 8AB11D420E2D0BA,

ASIA serialNumber=36D4B389A581D25921954281 688EC4A7486C42F95DE0D57E84D7D1724C9 2C2ED, cn=JYOTI CHOURASIA Date: 2022.01.10 15:02:52 +05'30'