STATE OF M.P. Vs. JYOTI SHARMA

JUDGEMENT

(1.) Present intra-Court appeal preferred u/S. 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails final order dtd. 25/11/2020 passed in W.P. No.15382/2020 (S) by learned Single Judge while exercising writ jurisdiction under Article 226 of Constitution of India allowing petition in question by which the challenge was made to an order dtd. 9/9/2020 passed by respondent No.2/appellant No.2 rejecting claim for compassionate appointment of respondent (petitioner in wp) who happened to be married daughter of deceased Government servant who died in harness on the post of ASI (M).

(2.) The order passed by learned Single Judge while allowing the petition directing for reconsideration of case of respondent/petitioner is based on the Larger Bench decision rendered by Bench comprising three Judges in case of Meenakshi Dubey v. M.P. Poorva Kschetra Vidyut Vitran Co. Ltd, on 2/3/2020 in W.A. No.756/2019, [Reported in 2020(1) JLJ 335] where the Larger Bench held thus :

(3.) Learned Additional Advocate General, Shri Raghuvanshi does not dispute the settled position of law that a judgment of a Court of law is always retrospective explaining the law or legal position as it stood, unless the judgment provides expressly for it's prospectivity. [Please See : Assistant Commissioner, Income Tax, Rajkot v. Saurashtra Kutch Stock Exchange Limited, (2008) 14 SCC 171]