Raksha Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 15034 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                 ON THE 16th OF NOVEMBER, 2022
                 WRIT PETITION No. 23750 of 2021

        BETWEEN:-
        RAKSHA     SHARMA     D/O  LATE    SHRI
        RAMNARAYAN SHARMA, W/O SHRI PRIYANK
        PACHOURI AGED 26 YEARS, OCCUPATION: NIL,
        R/O   GULABGANJ     TEHSIL  GULABGANJ,
        DISTRICT VIDISHA (MADHYA PRADESH)

                                                          .....PETITIONER
        (BY SHRI B.RAJ PANDEY- ADVOCATE )

        AND
1.      STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY DIRECTORATE OF
        PUBLIC EDUCATION, VALLABH BHAWAN,
        BHOPAL (MADHYA PRADESH)

2.      JOINT DIRECTOR, DIRECTORATE OF PUBLIC
        EDUCATION    DIRECTORATE  OF   PUBLIC
        EDUCATION, SAMRATH ASHOK GOVERNMENT
        MIDDLE SCHOOL CAMPUS, T.T. NAGAR,
        BHOPAL (MADHYA PRADESH)

3.      COLLECTOR VIDISHA,          DISTRICT    VIDISHA
        (MADHYA PRADESH)

4.      DISTRICT EDUCATION OFFICER,            DISTRICT
        VIDISHA (MADHYA PRADESH)

5.      PRINCIPAL     GOVERNMENT     HIGHER
        SECONDARY SCHOOL, GULABGANJ DISTRICT
        VIDISHA (MADHYA PRADESH)

                                                     .....RESPONDENTS
        (SHRI SUSHANT TIWARI- GOVERNMENT ADVOCATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
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                                   ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(a) That, this Hon'ble Court may kindly be pleased to allow this writ petition and the impugned order dated 27/08/2021 (Annexure P/1) passed by respondent No.2 may kindly be quashed, in the interest of justice.

(b) That, the respondent may kindly be directed to consider the case of the petitioner for appointment on the post of Assistant Grade-III on compassionate appointment in the light of judgment delivered by this Hon'ble Court in the case of Meenakshi Dubey (supra).

(c) That, any other writ or order or direction which this Hon'ble Court deems fit in favor of the petitioners may kindly be issued, in the interest of justice.

(d) That, Costs of the petition may kindly be awarded.

Undisputed fact is that the petitioner is a married daughter of the deceased employee.

In the light of the judgment passed by the Supreme Court in the case o f The State of Maharashtra and another vs. Ms. Madhuri Maruti Vidhate (Since after marriage Smt. Madhuri Santosh Koli) decided on 30.09.2022 in Civil Appeal No.6938/2022, the counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file an application for grant of appointment on compassionate ground on behalf of the dependent, who may be eligible to seek appointment on compassionate ground.

Without addressing to the rights of the other dependents to move such an application, this petition is dismissed with aforesaid liberty.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.11.16 18:23:57 +05'30'