Madhya Pradesh High Court
The State Of Madhya Pradesh vs Ghanshyam Kulhade on 2 February, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 2 nd OF FEBRUARY, 2023
WRIT APPEAL No. 605 of 2020
BETWEEN:-
1. THE STATE OF MADHYA PRADESH, THROUGH ITS
PRINCIPAL SECRETARY, PUBLIC WORKS
DEPARTMENT, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. STATE OF MADHYA PRADESH, THROUGH
PRINCIPAL SECRETARY, GENERAL
ADMINISTRATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
3. ENGINEER IN CHIEF, PUBLIC WORKS
DEPARTM ENT, ARERA HILLS, PLOT NO. 27/28
FIRST FLOOR, BHOPAL (MADHYA PRADESH)
4. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT,
SETU NIRMAN PARICHHETRA, 2ND FLOOR, PLOT
NO. 27/28, ARERA HILLS, BHOPAL (MADHYA
PRADESH)
5. SUPERINTENDING ENGINEER, PUBLIC WORKS
DEPARTMENT, SETU NIRMAN DIVISION, SEONI,
DISTRICT SEONI (MADHYA PRADESH)
6. EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, SETU NIRMAN DIVISION SEONI,
DISTRICT SEONI (MADHYA PRADESH)
.....APPELLANTS
(SHRI B.D. SINGH - GOVERNMENT ADVOCATE)
AND
GHANSHYAM KULHADE, S/O LATE SHRI DEEPCHAND
KULHADE, AGED ABOUT 31 YEARS, R/O. SHRI
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 2/7/2023
4:30:11 PM
2
HANUMAN VYAPAM SHALA, BHAIROGANJ, SEONI,
DISTRICT SEONI (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI RAM GOPAL RAI - ADVOCATE)
This appeal coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
I.A. No.4589 of 2020 - an application for condonation of delay.
For the reasons assigned in the application, the same is allowed. Delay in
filing the appeal is condoned.
Heard on the question of admission.
Assailing the order dated 03.10.2019 passed by the learned Single Judge in
allowing the Writ Petition No.7464 of 2017 and directing the respondents to
comply with the policy on the date of consideration of the application, the
respondents/State are in appeal.
2. The learned Single Judge came to the view that the relevant date for
consideration is not the date of death of the employee but the date of the
application filed for grant of compassionate appointment. We are of the view
that the finding recorded by the learned Single Judge is inappropriate. The
Hon'ble Supreme Court in its judgment in the case of State of Madhya Pradesh
and others Vs. Amit Shrivas, (2020) 10 SCC 496 held that the applicability of
compassionate rules will be on the date of the death and not on the date of
consideration. Therefore, the finding recorded by the learned Single Judge is
erroneous. Consequently, the impugned order passed by the learned Single
Judge requires to be modified to that extent.
3. However, learned counsel for the writ petitioner contends that he is entitled
for the benefit of the policy dated 29.09.2014 which has enhanced the amount
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 2/7/2023
4:30:11 PM
of ex gratia to Rs.2 Lakhs from 1,25,000/-. However, as on the date of death,
the previous policy was in force which granted a sum of Rs.1,25,000/-.
4. The same is not disputed by the learned Government Advocate.
Therefore, we are of the view that the writ petitioner would be entitled to an ex
gratia amount of Rs.1,25,000/-. The amount will be due from the date of death
which is 13.05.2013. Since the amounts have not been paid the appellants are
directed to make payment of a sum of Rs.1,25,000/- along with interest @ 9%
per annum up to date of payment, which shall be within a period of four weeks
from today.
5. Since the writ petitioner had to resort to filing a writ petition in the year
2017 and was compelled to prosecute even this writ appeal filed in the year
2020, we are of the considered view that appropriate amount of compensation
requires to be granted to him towards defending the litigation. As the bread
earner of the family has passed away, the writ petitioner cannot be expected to
spend money in order to defend his legal rights in a court of law.
6. In view of the peculiar facts involved and since the question of
compassionate appointment is involved, we direct the appellants to make the
lump sum payment of Rs.1 Lakh in addition to the aforesaid amount within a
period of four weeks from today.
7. The writ petitioner is the son of the deceased. However, the learned
counsel submits that all payments, as directed herein, may be made to the wife
of the deceased namely Smt. Champa Kulhade. His request is accepted. The
appellants to make the payments to Smt. Champa Kulhade. Since it is submitted
by the appellants' counsel that pension has already been paid to Smt. Champa
Kulhade, wife of Late Deepchand Kulhade into her account, this amount also
may be credited to her account.
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 2/7/2023
4:30:11 PM
8. The appeal is accordingly disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
taj
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 2/7/2023
4:30:11 PM
