CHIEF EXECUTIVE OFFICER Vs. DHARMENDRA AND ANOTHER

JUDGEMENT

(1.) Parties through their counsel. The petitioner before this court the Chief Executive Officer, Ujjain Development Authority, Ujjain has filed this present petition being aggrieved by the order passed by learned Single Judge dated 12-12-2018 by which the matter has been remanded back to the Ujjain Development Authroity to consider the case of the respondent for grant of compensation appointment, keeping in view the two judgments delivered by this court in the case of Jitu Narvale Vs. State of M.P. (WP No. 4340/2017) as well as Motilal Balmiki Vs. State of M.P. and others (WP No. 5769/2011.

(2.) It has been argued before this court that the mother of the petitioner is working as Sweeper at Ujjain Municipal Corporation and her annual income is Rupees One lac sixty thousand and therefore the petitioner is not entitled for appointment on compassionate grounds, keeping in view clause 4.1 of the policy dated 29-09-2014.

(3.) Learned Single Judge has taken into account the aforesaid policy as well as two judgments delivered by this court. In the case of Jitu Narvale inspite of the fact that his father was working as a 'Safai Kamgar' a direction was issued to give him compassionate appointment. The Order passed by the learned Single Judge in paragraphs-7 to 13 reads as under :-