The Jabalpur bench of Madhya Pradesh High Court on Monday while disposing of a petition held that “the ground on which the earlier order cancelling the application for compassionate appointment has been quashed, the authorities cannot reject the subsequent application on the same ground.”
The petitioner, Durgesh Kumar Nanda, filed the plea challenging the the orders dated 14.12.2018 and 22.12.2018, whereby the application filed by the petitioner for compassionate appointment has been rejected.
Manoj Chansauriya, Counsel for the petitioner, submitted that earlier also petitioner’s application for compassionate appointment was rejected by order dated 01.12.2011. This order was quashed by order dated 14.09.2017 passed in W.P. No.6436/2012 in which the court ordered, “the father of the petitioner died on 23.07.1997 and at that time the petitioner was around seven years old, as his date of birth is 4.4.1990. After completing of his 12th Class examination in the year 2009 he applied for compassionate appointment on 29.04.2010, and as such he had no occasion to apply for the same without acquiring the minimum qualification. Hence, considering the aforesaid facts as also the order dated 28.06.2008 passed by the coordinate bench of this court in the case of Bhagwat Prasad Jangela (supra) the impugned order dated 1.12.2011 passed by the respondent No.5 is hereby quashed with a direction to the petitioner to submit a fresh representation before the respondents within two weeks from today along with the copy of this order and all relevant documents”.
It is contended by the petitioner’s Counsel that despite the fact that earlier order was quashed by this court, however, on the same ground a fresh order for rejecting the application for compassionate appointment has been passed. It is stated that once the court has quashed the earlier order then on the same premises, second application for compassionate appointment cannot be rejected.
A single-judge bench of Justice Nandita Dubey after considering the facts of the case ordered, “Since the ground on which the earlier order cancelling the application for compassionate appointment has been quashed the authorities cannot reject the subsequent application on the same ground. Hence, orders dated 14.12.2018 and 22.12.2018 are hereby quashed. The matter is remanded back to the authorities concerned to decide the same afresh. They may call for additional details/documents from the petitioner if so required for deciding his application for compassionate appointment.”