Smt. Dropadi Jaiswal vs The State Of Madhya Pradesh
2023 Latest Caselaw 17146 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                           BEFORE
                                                      JUSTICE SUJOY PAUL
                                              ON THE 13 th OF OCTOBER, 2023
                                              WRIT PETITION No. 21306 of 2022

                           BETWEEN:-
                           SMT. DROPADI JAISWAL D/O LATE SHRI HEERALAL
                           JAISWAL, AGED ABOUT 22 YEARS, OCCUPATION:
                           UNEMPLOYED VILLAGE LOUR KHURD POST DEVTALA
                           DISTRICT REWA M.P. (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (MS SUDHA GAUGAM - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 DIRECTOR SOCIAL JUSTICE AND HANDICAP
                                 WELFARE DEPARTMENT 1250 TULSI NAGAR
                                 BHOPAL M.P. (MADHYA PRADESH)

                           2.    JOINT DIRECTOR (ADMN) SOCIAL JUSTICE AND
                                 HANDICAP WELFARE DEPARTMENT 1250 TULSI
                                 NAGAR BHOPAL BHOPAL (M.P.) (MADHYA
                                 PRADESH)

                           3.    JOINT DIRECTOR      SOCIAL JUSTICE AND
                                 HANDICAP     WELFARE REWA DIVISON REWA
                                 (M.P.) (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI DEEPAK SAHU - PANEL LAWYER)

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

With the consent finally heard.

The singular reason for rejecting petitioner's claim for compassionate appointment by order dated 17.08.2022 (Annexure P-3) is that she being a Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 10/13/2023 5:37:46 PM

married daughter of deceased employee is not entitled to be considered in the teeth of clause 2.2 of the policy dated 29th September, 2014.

During the course of hearing, learned counsel for the parties fairly submitted that curtains on this issue are finally drawn by Full Bench of this Court in WA No.756/2019 (Meenakshi Dubey Vs. M.P. Poorva Kshetra Vidyut Vitram Co. Ltd. and Ors.) and clause 2.4 which debarred married daughter could not sustain judicial scrutiny.

In this view of the matter, the impugned order dated 17.08.2022 is set aside. The respondents are directed to consider the case of the petitioner in the light of judgment of Full Bench in Meenakshi Dubey (supra). A fresh

decision be taken within 60 days from the date of production of copy of this order.

Petition is disposed of without expressing any opinion on the merits of the case.

(SUJOY PAUL) JUDGE sarathe

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 10/13/2023 5:37:46 PM