Raj Bahadur Singh Thakur Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1049155
CourtMadhya Pradesh High Court
Decided OnDec-12-2012
AppellantRaj Bahadur Singh Thakur
RespondentThe State of Madhya Pradesh
Excerpt:
w.p.no.3687/2012 12.12.2012: shri shashank shekhar, learned counsel for the petitioner. shri b.p.pandey, learned dy. govt. adv.for the respondents. petitioner's father was working as an assistant grade iii in the department of irrigation. he died in harness on 5.1.2010 and therefore, petitioner moved an application seeking appointment on the post of patwari that was available. the said claim was rejected vide order dated 2.2.2012 only on the ground that petitioner cannot be appointed on the post of patwari as only dependents of revenue inspectors and patwaris can be appointed on the post of patwari on compassionate basis. this question with regard to right of a person to claim appointment on the post of patwari and that only dependents of revenue inspectors and patwaris can be appointed on the post of patwari on compassionate basis has already been considered by the indore bench of this court in the case of raghvendra rathore versus state of m.p.and others - 2010(3) mpht 21 and the policy in this regard has been quashed and the matter has been remanded back for fresh consideration. in view of the order already passed by a bench of this court in the case of raghvendra rathore (supra) and the reasons given therein, the impugned action cannot be sustained. accordingly, this petition is allowed. order impugned dated 2.2.2012 is quashed and the matter is remanded back to the competent authority for reconsideration. the competent authority after taking note of the law laid down in the case of raghvendra rathore (supra) shall decide the claim of the petitioner for grant of compassionate appointment in accordance to rules applicable within a period of two months from the date of receipt of certified copy of this order. with the aforesaid, this petition stands disposed of. c.c.as per rules. (rajendra menon) judge mrs.mishra
Judgment:

W.P.No.3687/2012 12.12.2012: Shri Shashank Shekhar, learned counsel for the petitioner.

Shri B.P.Pandey, learned Dy.

Govt.

Adv.for the respondents.

Petitioner's father was working as an Assistant Grade III in the Department of Irrigation.

He died in harness on 5.1.2010 and therefore, petitioner moved an application seeking appointment on the post of Patwari that was available.

The said claim was rejected vide order dated 2.2.2012 only on the ground that petitioner cannot be appointed on the post of Patwari as only dependents of Revenue Inspectors and Patwaris can be appointed on the post of Patwari on compassionate basis.

This question with regard to right of a person to claim appointment on the post of Patwari and that only dependents of Revenue Inspectors and Patwaris can be appointed on the post of Patwari on compassionate basis has already been considered by the Indore Bench of this Court in the case of Raghvendra Rathore versus State of M.P.and others - 2010(3) MPHT 21 and the policy in this regard has been quashed and the matter has been remanded back for fresh consideration.

In view of the order already passed by a Bench of this Court in the case of Raghvendra Rathore (supra) and the reasons given therein, the impugned action cannot be sustained.

Accordingly, this petition is allowed.

Order impugned dated 2.2.2012 is quashed and the matter is remanded back to the competent authority for reconsideration.

The competent authority after taking note of the law laid down in the case of Raghvendra Rathore (supra) shall decide the claim of the petitioner for grant of compassionate appointment in accordance to Rules applicable within a period of two months from the date of receipt of certified copy of this order.

With the aforesaid, this petition stands disposed of.

c.c.as per rules.

(Rajendra Menon) Judge mrs.mishra