Shakil Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 2072 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        WP No. 6226 of 2014
                                        (SHAKIL KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 06-02-2023
                                Shri Sanjay Rusia - Advocate for petitioner.

                                Shri    Piyush      Dharmadhikari          -    Government         Advocate       for
                          respondents/State.

Learned counsel for petitioner after arguing for a while prays for time to seek instructions on the applicability of the law laid down by Apex Court in

para 16 of the judgment dated 29.02.2020 passed in Civil Appeal No.8564/2015 reported in (2020) 10 SCC 496 (State of Madhya Pradesh and Others vs. Amit Shrivas).

"16. It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succour to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively. Insofar as providing succour is concerned, unfortunately, since the demise of the late father of the respondent, 11 years have passed and really speaking, the aspect of providing succour to the family

immediately does not survive. We have still examined the matter in the conspectus of the applicable policy. It is not in question that the Policy prevailing was one dated 18-8-2008. Clause 12.1 clearly proscribes work- charge/contingency fund and daily wager employees from compassionate appointment. The gravamen of the submission of the respondent is based on the classification of his late father as a permanent employee on account of having worked for more than 15 years and the consequent regularisation of his service."

The aforesaid judgment has been followed by Apex Court in (2022) 2 Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 2/8/2023 11:30:15 AM

SCC 157 (State of Madhya Pradesh and Others vs. Ashish Awasthi).

List the matter after three weeks.

(SHEEL NAGU) JUDGE

YS

Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 2/8/2023 11:30:15 AM