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Madhya Pradesh HC sets aside order denying compassionate appointment to married woman

The petitioner, Shikha Sharma, is challenging the order dated February 25, 2020 passed by the respondent (Chief Executive Officer, Gandhi Medical College, Bhopal) authority rejecting the claim of the petitioner for grant of compassionate appointment.

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The Madhya Pradesh High Court on Saturday set aside the order of Chief Executive Officer, Gandhi Medical College, Bhopal, rejecting the claim of the petitioner for grant of compassionate appointment to a married woman.

The petitioner, Shikha Sharma, is challenging the order dated February 25, 2020 passed by the respondent (Chief Executive Officer, Gandhi Medical College, Bhopal) authority rejecting the claim of the petitioner for grant of compassionate appointment, mainly on the ground that in view of Clauses 2.4 and 4.6 of the Policy dated 29.09.2014 framed by the State Government, she is not entitled to get compassionate appointment.

Clause 2.4 debars a married woman to get compassionate appointment in the event of the death of her father. Clause 4.6 further provides that whatever conditions mentioned in Clauses 2.1 to 2.7 of the Policy, other persons would not be entitled to get the compassionate appointment. It clearly indicates that the appointment of the petitioner was rejected on the ground that she was a married lady and the policy debars her to get the compassionate appointment.

R.P. Mishra, the counsel for the petitioner, submitted that the decision and clauses of the policy are contrary to the law laid down by the larger bench of the Madhya Pradesh High Court in W.A. No.756/2019 parties being Meenakshi Dubey Vs. Madhya Pradesh Poorva Kshetra Vidyut Vitran Company Limited holding that the married daughter is also eligible to be appointed on a compassionate basis. He has also filed the order passed by the High Court in W.P. No.18552/2020 [Smt. Divya Dixit Vs. The State of M.P. & Others].

On the other hand, Ayur Jain, panel lawyer appearing for the State, submitted that the authority may be directed to reconsider the claim of the petitioner in the light of the law laid down by the Larger Bench of this Court in W.A. No.756/2019.

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A Single-Judge Bench of Justice Sanjay Dwivedi ordered that “the order impugned dated 25.02.2020 is set aside. The matter is remitted back to the Dean and Chief Executive Officer, Gandhi Medical College, Bhopal, for reconsidering the application of the petitioner for grant of compassionate appointment taking note of the law laid down by the Larger Bench in W.A. No.756/2019.”

The Court also clarified that this Court has already held that the married daughter is also entitled to claim compassionate appointment and if she is otherwise eligible to get the same, her claim cannot be rejected by the authority on the ground that Clause-2.4 of the Policy debars her.

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