Divya Baghel vs The State Of Madhya Pradesh
2024 Latest Caselaw 15192 MP

Madhya Pradesh High Court

Divya Baghel vs The State Of Madhya Pradesh on 21 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 21 st OF MAY, 2024
                                             WRIT PETITION No. 12974 of 2024

                          BETWEEN:-
                          DIVYA BAGHEL D/O LATE SHRI DEVI SINGH BAGHEL,
                          AGED ABOUT 30 YEARS, OCCUPATION: STUDENT R/O
                          NEAR FOREST NAKA UGLI ROAD KEOLARI TEHSIL
                          KEOLARI DISTRICT SEONI (MADHYA PRADESH)

                                                                                            .....PETITIONER
                          (BY SHRI KAPIL PATWARDHAN - ADVOCATE)

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

                          2.    DISTRICT EDUCATION OFFICER, SEONI DISTRICT
                                SEONI (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)

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

                          following:
                                                              ORDER

Petitioner's only contention is that petitioner's bread earner i.e. his father died on 05.06.2022. She had applied for compassionate appointment on 23.09.2022. According to the law, the policy which was prevalent on the date of death or on the date of application should have been made applicable but respondents have arbitrarily applied subsequent policy which was brought into force w.e.f. 01.12.2022, as contained in Annexure P-6, which is contrary to the

decision of this High Court in Indrapal Singh Lodhi Vs. The State of Madhya Pradesh and Another, W.P. No.7435/2023 decided on 03.04.2023, so also judgment of Supreme Court in Delhi Jal Board Vs. Nirmala Devi, 2022 LiveLaw (SC) 863, so also that of Supreme Court in the State of Madhya Pradesh and Others Vs. Ashish Awasthi, (2022) 2 SCC 157, wherein it is held that for appointment on compassionate ground, policy prevalent at the time of death of deceased employee only is required to be considered and not subsequent policy.

Shri Suyash Thakur, learned Government Advocate for the State supports the impugned order.

In view of the aforesaid legal position, this writ petition deserves to be allowed and disposed of with a direction that, in case, the petitioner submits a fresh representation before the respondents/competent authority, within a period of fifteen days along with certified copy of this order being passed today, then respondents/competent authority shall consider the same in terms of the policy which was prevalent on 05.06.2022 or 23.09.2022 and take a decision within a further period of forty five days.

In above terms, petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE MTK