STATE OF MP Vs. B S BHADORIYA

JUDGEMENT

(1.) Leave granted. This appeal has been preferred against the impugned judgment and order dated 6.7.2012 passed by the High Court of Madhya Pradesh (Gwalior Bench) in Writ Appeal No. 363 of 2012, by which and whereunder, the High Court upheld the judgment and order dated 6.5.2011 passed by the learned Single Judge of the High Court in Writ Petition No. 5109 of 2005 issuing direction to the present Appellant to consider the case of the Respondent herein for compassionate appointment.

(2.) Facts and circumstances as per the records available giving rise to this appeal are that:

(3.) We have heard Learned Counsel for the parties and perused the record. In view of the facts mentioned hereinabove, there is no denial by the Respondent that his father remained absent from duty from 1975 till his death in 1996. Therefore, the first question arises as to whether a person absent from duty for about two decades can claim to be in service though his services had not been terminated by passing any order.