Savita Bai Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 20024 MP

Madhya Pradesh High Court

Savita Bai Thakur vs The State Of Madhya Pradesh on 29 November, 2023

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                            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 29 th OF NOVEMBER, 2023
                                               WRIT APPEAL No. 1845 of 2023

                           BETWEEN:-
                           SAVITA BAI THAKUR, D/O SHRI ANOOP SINGH
                           THAKUR, AGED ABOUT 42 YEARS, OCCUPATION: NIL,
                           R/O VILLAGE BARGAWN, TAHSIL AND DISTRICT
                           MANDLA (MADHYA PRADESH)

                                                                                       .....APPELLANT
                           (BY SHRI VIDYA PRASAD - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE SECRETARY ADIM JATI KALYAN VIBHAG
                                 R/O MANTRALAYA VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE ADDITIONAL COMMISSIONER ADIM JATI
                                 KALYAN VIBHAG MANDLA (MADHYA PRADESH)

                           3.    THE   BLOCK   EDUCATION   OFFICER MAVAI
                                 DISTRICT MANDLA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI S.S. CHAUHAN - GOVERNMENT ADVOCATE)

                                 This appeal coming on for admission this day, Hon'ble Shri Justice
                           Ravi Malimath, Chief Justice passed the following:
                                                             ORDER

Aggrieved by the order dated 13.10.2023 passed by the learned Single Judge in W.P. No.25815 of 2023 in dismissing the writ petition on the ground

of delay, the writ petitioner is in appeal.

2. The claim for compassionate appointment was rejected by the authorities. The same is challenged by filing the writ petition after 19 years from the death of petitioner's father. The learned Single Judge by relying on the judgment of the Hon'ble Supreme Court in the case of State of West Bengal vs. Debabrata Tiwari, 2023 SCC OnLine SC 219, dismissed the petition.

3. On considering the same, we do not find any ground to interfere with the same. It has been held in catena of judgments that even grant of appointment on compassionate grounds is not a right of the claimants and, therefore, the claim for compassionate appointment or challenging any rejection thereof should be

filed within an appropriate time provided penury exists. Therefore, if for 19 years life has gone on, question of interfering after 19 years would be a gross injustice. Hence, we find no good ground to interfere. The writ appeal is dismissed.

                                 (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                   CHIEF JUSTICE                                             JUDGE
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