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Madhya Pradesh HC directs respondent authorities to consider claim of petitioner’s mother for ex-gratia relief

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The Madhya Pradesh High Court has recently directed the respondent authorities to consider the claim of mother of the petitioner in respect of ex-gratia compensation and decide it in accordance with law.

A single-judge bench of Justice Vivek Rusia passed this order while disposing a petition filed by one Bharat being aggrieved by the order dated 12/10/2018, whereby Mukhya Abhiyantra, Lok Nirman Vibhag Dashara medan (respondent No.2) , Ujjain has rejected his claim for compassionate appointment.

According to the petitioner, his father Gopal Krishna Prajapat died on December 10, 2015 while working as a contingency employee in PWD Ujjain. He submitted his claim for compassionate appointment under the policy dated September 29, 2014.

Vide circular dated 31/08/2016, the aforesaid policy has been amended by which instead of Rs 2 lakh as ex-gratia compensation and one of the family members of contingency paid employee is held entitled for compassionate appointment. Despite the aforesaid policy, respondent No.2 has dismissed the claim of the petitioner. Hence, the petitioner approached the High Court.

The Apex Court in the recent judgment dated 18/11/2021 passed in the case of State of MP Vs. Ashish Awasthi in Civil Appeal No.6903/2021 has considered the policy dated September 29, 2014 issued by the General Administration Department, MP and held that the policy prevailing at the time of death of an employee shall apply for considering the claim of compassionate appointment and the claim in respect of compassionate appointment under the policy dated 31/08/2016 has been denied, observed the Bench.

Also Read: Allahabad HC seeks UP Govt reply in three weeks on compensation to families of those who died of Covid in the line of duty in panchayat polls

The Court held that since the father of the petitioner died on 10/12/2015 and at that time, policy dated September 29, 2014 was in vogue, therefore, the case of the petitioner has rightly been considered and rejected by the respondent. However, the said policy provides for payment of Rs 2 lakh as ex-gratia compensation in lieu of the compassionate appointment.

“While rejecting the claim of the petitioner for compassionate appointment, respondent did not consider the aforesaid claim in respect of ex-gratia compensation hence, the matter is remitted back to the respondent to consider the claim of Smt. Basanti Bai w/o Shri Gopal Krishna Prajapat in respect of ex-gratia compensation and decided it in accordance with law. Petition stands disposed of accordingly,”

-the order reads.

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