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