Jitendra Dholpure vs The State Of Madhya Pradesh
2023 Latest Caselaw 15230 MP

                                                           1
                                IN      THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                            ON THE 14 th OF SEPTEMBER, 2023
                                            WRIT PETITION No. 17848 of 2023

                           BETWEEN:-
                           JITENDRA DHOLPURE S/O SHRI KAILASH DHOLPURE,
                           AGED ABOUT 37 YEARS, OCCUPATION: UNEMPLOYED
                           R/O H.NO. 1 MADHAWGANJ ROAD NAGAR PALIKA
                           TANKI COMPUND WARD NO. 5 DISTT. AGAR MALWA
                           (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (BY SHRI L. C. PATNE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH SECRETARY
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER OF URBAN ADMINISTRATION
                                 AND DEVELOPMENT DIRECTORATE OF URBAN
                                 ADMINISTRATION AND DEVELOPMENT PALIKA
                                 BHAWAN NEAR 6 NO. BUS STOP SHIVAJI NAGAR
                                 BHOPAL (MADHYA PRADESH)

                           3.    JOINT DIRECTOR URBAN ADMINISTRATION AND
                                 D EVELOPM EN T UJJAIN DIVISION VISHALA
                                 BHAWAN BLOCK-A, 3RD FLOOR BHARATPURI
                                 DEWAS ROAD UJJAIN (MADHYA PRADESH)

                           4.    CHIEF    MUNICIPAL OFFICER MUNICIPAL
                                 COUNCIL AGAR DISTRICT AGAR MALWA
                                 (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI SHREY RAJ SAXENA - DY.AG FOR RESPONDENT NO.1 TO 3 ON
                           ADVANCE NOTICE )

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

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 14-09-2023 16:59:32

The petitioner has challenged the impugned order dated 13.6.2023 whereby the respondent No.3 has rejected the claim of the petitioner for grant of compassionate appointment on the ground that petitioner's elder brother is in employment of Municipal Council and, therefore, in terms of Clause No.4.1 of the Circular dated 29.9.2014 the petitioner is not eligible to be considered for compassionate appointment.

2. Counsel for petitioner submits that the petitioner's elder brother has been residing separately before the death of his mother for last 15 years having his own independent family and was not dependent upon the earning of the deceased. It is further argued that before passing the impugned order, the

respondents have not conducted any enquiry in respect of the dependency of the elder brother and whether he is residing separately or not. It is further argued that as per the judgment passed by the division bench in the case of State of MP & Ors. Vs. Mehmood Hussain Mansoori WA No.729/2013 decided on 25.6.2014 as well as in the case of Ms. Karuna Bhatt Vs. State of MP & Ors, WA No.866/2018 decided on 28.2.2019, before rejecting the claim of the petitioner on the ground of employment of brother, the respondents ought to have conducted an enquiry.

3. Counsel for respondents does not dispute the law laid down by the division bench in the case of Mehmood Hussain and Ms.Karuna Bhatt (supra) and this is also not disputed that no enquiry as required as per the judgment has been conducted by the respondents.

4. In view of the aforesaid, the impugned order dated 13.6.2023 Annexure P/7 is quashed. The respondent No.3 is directed to conduct an enquiry as to whether elder brother of the petitioner is living separately or not and whether he is supporting his family or not and whether he was dependent Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 14-09-2023 16:59:32

upon the deceased government servant or not. Thereafter the respondent No.3 shall pass a fresh order in accordance with law within a period of two months from the date of filing of copy of the order after affording opportunity of hearing to the petitioner.

5. With the aforesaid, writ petition is allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 14-09-2023 16:59:32