Shivraj Singh Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 812 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 13 th OF JANUARY, 2023
                                               WRIT PETITION No. 30342 of 2022

                           BETWEEN:-
                           SHIVRAJ SINGH LODHI S/O LATE TEJI SINGH LODHI,
                           AGED ABOUT 33 YEARS, OCCUPATION: UNEMPLOYED
                           R/O VILLAGE BAMHORI (PANJI) TEHSIL TENDUKHEDA,
                           DISTRICT DAMOH (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI PRAVEEN YADAV - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY PUBLIC WORKS
                                 DEPARTMENT VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    EXECUTIVE     ENGINEER    PUBLIC  WORKS
                                 DEPARTMENT (BHA/S) DAMOH DIVISION DAMOH
                                 PINCODE 470661 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER )

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

Petitioner's contention is that clause of payment of exgratia of Rs.Two Lacs in lieu of compassionate appointment as contained in GAD Circular No.C 3-12/2013/1/3 Bhopal dated 29th September, 2014 (Clause 11.1) has been deleted vide circular dated 31.08.2016. Thereafter a Coordinate Bench has disposed of the petition in the following terms :

Signature Not Verified "In the instant petition a challenge has been made to the order dated Signed by: ANAND KRISHNA SEN Signing time: 1/16/2023 4:40:07 PM

01.08.2016 by which claim of the petitioner for grant of compassionate appointment has been rejected.

Learned counsel for the petitioner submits that the issue involved in the present case is squarely covered by the judgment passed by this Court in the case of State of M.P and anr. Vs. Sonu Jatav 2019 (3) MPLJ 196.

Learned counsel for the State submits that case of the petitioner will be reconsidered in the light of the aforesaid judgment in accordance with law within a time bound period.

In view of aforesaid, the present petition is disposed of with a direction to the respondent no.2 to reconsider and decide the case of the petitioner

afresh taking into consideration the judgment passed by this Court in the case of Sonu Jatav (supra) without being influenced by the earlier order. The aforesaid exercise shall be completed within a period of two months from the date of communication of the order.

With the aforesaid, the writ petition is disposed of." Present petition is disposed of in the same terms. However, this court has not expressed any opinion on the merits of the case.

(VIVEK AGARWAL) JUDGE anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 1/16/2023 4:40:07 PM