LAWS(SC)-2021-11-36

STATE OF MADHYA PRADESH Vs. ASHISH AWASTHI

Decided On November 18, 2021
STATE OF MADHYA PRADESH Appellant
V/S
Ashish Awasthi Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.12.2018 passed by the Division Bench of the High Court of Madhya Pradesh Bench at Jabalpur in WA No. 1559 of 2018 by which the Division Bench of the High Court has allowed the said appeal and has quashed and set aside the judgment and order passed by the learned Single Judge of the High Court and has directed that the appellants herein - original respondents to consider the claim of the respondent herein - original writ petitioner for a compassionate appointment, the State of Madhya Pradesh has preferred the present appeal.

(2.) That the respondent 's father was working on the post of Chowkidar in the office of Assistant Engineer, Public Health Engineer, District Tikamgarh, Madhya Pradesh. That the father of the respondent died on 08.10.2015. That at the time of death the deceased employee was serving as a work charge and he was paid salary from the contingency fund. That the respondent was provided a compensatory amount of Rs. 2 lakhs as per the policy prevalent at the time of death of the deceased employee, i.e., policy dated 29.09.2014. That after the death of the deceased employee, the policy for appointment on compassionate ground came to be amended vide circular dated 31.08.2016 and it was provided that even in case of death of the employee working on work charge, his one of the heirs/dependents shall be eligible for the appointment on compassionate ground.

(3.) We have heard the learned counsel for the respective parties at length.