Full Judgment
W.P.No.11866 / 2008 (Salma...Vs...State of M.P.& others.) 23-11-2012 Shri Ashok Gupta, learned counsel for the petitioner.
Shri S.K.Shrivastava, learned P.L.for the State/respondents.
The petitioner has filed this petition being aggrieved by the fact that the respondent/authorities are not paying the petitioner the amount as stipulated in policy decision dated 18-8-2008 in lieu of compassionate appointment on the death of the petitioner's husband, Nasiruddin, who was working as a daily wage Chowkidar in the establishment of the respondent.
It is submitted by the learned counsel for the petitioner that the matter had been forwarded by the Executive Engineer to the higher authorities on 26-2-2008 but no decision has been taken by the respondent/authorities on the petitioner's representation dated 29-11-2007 till date in spite of direction being issued by the Chief Engineer on 10-3-2008 (Annexure P-5).In such circumstances, it is prayed that the petition be disposed of with the direction to the respondent/authorities to consider and decide the petitioner's representation expeditiously in accordance with law.
Learned panel lawyer, appearing for the State/respondents submits that the matter shall be considered and decided by the concerned authority expeditiously in accordance with law.
In the circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner furnishes a copy of the order passed today alongwith a copy of the petition within 15 days of obtaining the same to the respondent/authorities, the concerned authority shall consider and decide the petitioner's aforesaid representation dated 29-11-2007 expeditiously in accordance with law.
It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner and, therefore, the concerned authority, while deciding the representation of the petitioner, would be at liberty to take into consideration all facts and facets of the case and thereafter take a decision thereon by either accepting or rejecting the same.
With the aforesaid directions the petition filed by the petitioner stands disposed of.
C.C.as per rules.
(R.S.Jha) Judge mct