ASHISH AWASTHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Respondent No. 3 S.K. Adhwan, Incharge Chief Engineer, Public Health Engineering Department, Gwalior Zone, Gwalior is present in person.

(2.) This contempt petition has been filed by the petitioner alleging non compliance of the order dated 12.12.2018 passed in W.A. No. 1559/2018 wherein the Division Bench has observed as under:-

(3.) On perusal of the aforesaid, it is apparent that the Division Bench of this Court relied upon the Full Bench judgment in the case of Bank of Maharashtra v. Manoj Kumar Dehariya reported in 2010 (4) MPHT Page 18, wherein it has been held that the application for compassionate appointment shall be considered and decided in accordance with the instructions/policy prevalent on the date of consideration of the application and not on the date of death of the bread earner. The Division Bench also referred the judgment of Canara Bank v. M. Mahesh Kumar reported in (2015(7) SCC 412), making reference to the larger bench of the Supreme Court whereby as per order dated 4.10.2018 it was held that the law laid down in the case of Bank of Maharashtra (supra) still holds the field. Accordingly, the Division Bench set aside the order dated 4.7.2018 passed by the Single Bench in W.P. No. 10903/2017 and by allowing the writ appeal vide order dated 12.12.2018 directed the respondents to consider the claim of the appellant for compassionate appointment in accordance with law laid down by the Full Bench of this Court within a period of six weeks.