High Court Madhya Pradesh HC disposes of petition seeking compassionate appointment

Madhya Pradesh HC disposes of petition seeking compassionate appointment


Jabalpur, Mar 9 (ILNS) The Jabalpur bench of Madhya Pradesh High Court, while disposing of a petition seeking appointment on compassionate ground, held that the authorities cannot cancel the appointment on the same ground, on which the petition was rejected on earlier occasions.

Petitioner Durgesh Kumar Nanda filed the plea, challenging the orders dated December 14, 2018 and December 22, 2018, whereby his application for compassionate appointment was rejected.

Manoj Chansauriya, Counsel for the petitioner, submitted that earlier also, the petitioner’s application for compassionate appointment was rejected by order on December 1, 2011. This order was quashed by another order on September 14, 2017, in which the court said, “The father of the petitioner died on July 23, 1997 and at that time, the petitioner was around seven-years-old, as his date of birth is April 4, 1990. After completing his 12th class examination in 2009, he applied for compassionate appointment on April 29, 2010 and as such, he had no occasion to apply for the same without acquiring the minimum qualification. Hence, considering the aforesaid facts as also the order dated June 28, 2008 passed by the coordinate bench of this court in the case of Bhagwat Prasad Jangela (supra), the order dated December 1, 2011 passed by the respondent No.5 is hereby quashed with a direction to the petitioner to submit a fresh representation before the respondents within two weeks from today, along with the copy of this order and all relevant documents”.

It is contended by the petitioner’s Counsel that despite the fact that earlier order was quashed by this court, however, on the same ground, a fresh order for rejecting the application for compassionate appointment has been passed. It is stated that once the court has quashed the earlier order, then on the same premises, second application for compassionate appointment cannot be rejected.

Justice Nandita Dubey, after considering the facts of the case, ordered, “Since the ground on which the earlier order cancelling the application for compassionate appointment has been quashed the authorities cannot reject the subsequent application on the same ground. Hence, orders dated December 14, 2018 and December 22, 2018 are hereby quashed. The matter is remanded back to the authorities concerned to decide the same afresh. They may call for additional details/documents from the petitioner, if so required for deciding his application for compassionate appointment.” ILNS/SNG/JR


Please enter your comment!
Please enter your name here

Latest news

Kerala Assembly vandalism 2015: Supreme Court reserves judgment

New Delhi, Jul 16(ILNS) The Supreme Court on Thursday reserved its judgment on a plea filed by...

SC pulls up UPSC, Jharkhand PSC for violating DGP appointment rules

The Supreme Court has directed the Union Public Service Commission and the Jharkhand Public Service Commission to...

SC reverses Tribunal Reforms Ordinance on age limit of lawyers as Tribunal members

New Delhi, Jul 15 (ILNS) The Supreme Court has reversed the provisions made to the Finance Act,...

SC issues notice on plea challenging Section 124A of Indian Penal Code

New Delhi, Jul 15 (ILNS) The Supreme Court today issued notice on a petition challenging the constitutional...

Rotary and Tata Trusts to collaborate in Cancer care, Covid care, Nutrition, Rural Uplift Livelihoods, to supplement efforts towards strengthening the nation

New Delhi, July 14 (ILNS) The Tata Trusts and Rotary today announced a five-year collaboration to scale...

Bar Council of Delhi distributed more than Rs 19 crore to lawyers during lockdown: BCD Chairman Ramesh Gupta

New Delhi, Jul 14 (ILNS) The Bar Council of Delhi is reaching out to the lawyers, who...

Must read

You might also likeRELATED
Recommended to you