Smt. Ronak Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 14843 MP

                                                           1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          BEFORE
                                          HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                ON THE 14th OF NOVEMBER, 2022

                                             WRIT PETITION No. 7962 of 2022

                                   BETWEEN:-
                                   SMT. RONAK SHARMA D/O LATE SHRI SANJAY
                                   KUMAR SHARMA, AGED ABOUT 35 YEARS,
                                   OCCUPATION: NIL (UNEMPLOYED) 14/2, VIKAS
                                   NAGAR EX., NEEMUCH (MADHYA PRADESH)

                                                                                      .....PETITIONER
                                   (BY SHRI P.R. BHATNAGAR, ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH PRINCIPAL
                                   SECRETARY       VALLABH      BHAWAN,
                                   MANTRALAYA, BHOPAL (MADHYA PRADESH)

                           2.      CHIEF ENGINEER M.P. PUBLIC HEALTH
                                   ENGINEERING    DEPARTMENT M.P. PUBLIC
                                   HEALTH ENGINEERING DEPARTMENT M.G.
                                   ROAD. INDORE (MADHYA PRADESH)

                           3.      SUPERINTENDING      ENGINEER. M.P. PUBLIC
                                   HEALTH ENGINEERING DEPARTMENT M.P.
                                   PUBLIC HEALTH ENGINEERING DEPARTMENT ,
                                   UJJAIN DIVISION. UJJAIN (MADHYA PRADESH)

                           4.      EXECUTIVE ENGINEER M.P. PUBLIC HEALTH
                                   ENGINEERING   DEPARTMENT M.P. PUBLIC
                                   HEALTH ENGINEERING DEPARTMENT , BLOCK
                                   NEEMUCH    NEAR   MASSEY SHOWROOM
                                   SQUARE, MHOW NASIRABAD ROAD. NEEMUCH
                                   (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                                   (BY SHRI BHUWAN DESHMUKH, G.A. )

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                            ORDER

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 14-11-2022 16:59:38

With the consent of the parties, the matter is finally heard. Counsel for the petitioner submits that the issue involved in the present case is squarely covered by the judgment passed by the Division Bench of this Court in WA No.756/2019 (Meenakshi Dubey Vs. MP Poorvi Shetra Vidyut Vitran Co.Ltd and Ors). The matter is covered by the judgment of this Court passed on 28.02.2022 passed in WP No.4882/2022 (Smt.Shraddha Vs. State of MP and Ors).

I n the instant petition, the petitioner has challenged the order dated 01.02.2021 (Annexure-P/2) and order dated 10.02.2021 (Annexure-P/1) passed by the respondent Nos.3 and 4 respectively by which the application filed by

the petitioner was rejected by the respondent No.3 on the basis that Clause 2.4 of the Compassionate Appointment Scheme dated 29/9/2014 which will not apply in the case of petitioner's appointment whereby it can be considered for wife/son of the deceased employee if any application is received.

Counsel for petitioner submits that Clause 2.2 of the Policy 2014 is contrary to law held by the division bench of this Court in WA No.756/2019 Meenakshi Dubey Vs. M.P. Poorva Kshetra Vidyut Vitran Co. Ltd & Ors. This Court after considering the same policy held that Clause 2.2 of the Policy so far it deprives a married daughter from consideration for compassionate appointment is violative of the provisions of Article 14, 16 and 39(a) of the Constitution of India. A women citizen cannot be excluded for any appointment on compassionate basis on the ground of sex alone. It was further held that the daughter even after marriage remains part of the family and she could not be treated as not belonging to her father's family.

Counsel for State could not dispute the same that the issue raised in the

Signature Not Verified present petition is squarely covered by the judgment of Meenakshi Dubey Signed by: PANKAJ PANDEY Signing time: 14-11-2022 16:59:38

(supra).

I n view of the aforesaid, the impugned orders dated 01.02.2021 and 10.02.2021 rejecting the case of the petitioner for compassionate appointment are quashed and the respondent No.1 is directed to reconsider the case of the petitioner on merit for compassionate appointment in accordance with law within a period of two months from the date of communication of the order.

With the aforesaid, the writ petition is allowed and disposed of.

(SUBODH ABHYANKAR) JUDGE Pankaj

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 14-11-2022 16:59:38