HIGH COURT REFUSES COMPASSIONATE APPOINTMENT DUE TO LAPSE OF 35 YEARS- MADHYA PRADESH HIGH COURT

November 15, 2022by Primelegal Team0

The Madhya Pradesh High Court refuses compassionate appointment due to lapse of 35 years, this was decided in the case SOMNATH SONWANI VERSUS THE STATE OF MADHYA PRADESH AND ORS [WRIT APPEAL No. 1096 of 2022], which was presided over by Chief Justice Ravi Malimath and Justice Vishal Mishra

FACTS OF THE CASE

 

The case of the petitioner is that he sought for appointment on compassionate ground in view of the fact that his father died in harness in the year 1987. He became major in the year 2003. Immediately thereafter he filed an application before the authorities at Chhatisgarh. After reorganization of the State, the concerned authority fell within the State of M.P. Thereafter the application was rejected.

Thereafter, his application was rejected. Aggrieved, he moved the Court challenging the rejection of his application.

 

JUDGEMENT OF THE CASE

 

The learned Single Judge while considering the plea of the petitioner came to the view that since the death of the father of the petitioner took place in 1987 there is no reason as to how the compassionate appointment could be granted after a lapse of 35 years.

Examining the submissions of parties and documents on record, the Court concurred with the observations of the Writ Court. Thus, it was held that since a period of 35 years had elapsed, it was not appropriate for the Court to interfere with the impugned order. Accordingly, the appeal was dismissed.

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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.

Click here to view judgment

Primelegal Team

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