Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 654 (MP)

Radhika Raghuwanshi v. State of M. P.

2020-06-01

SHEEL NAGU

body2020
ORDER 1. The challenge in this petition is to Annexure P/1 dated 24.7.2019 by which the Chief Executive Officer of the Zila Panchayat. Shivpuri/Respondent No.2 has rejected the claim put up by the petitioner seeking compassionate appointment. 2. Learned counsel for the petitioner by referring to 2020(2) SCC 729 [Indian Bank and Others v. Promila and another] submits that the law laid down by the apex Court that the guideline/policy governing the field of compassionate appointment prevailing at the time of death would apply, has not been followed in the right perspective while passing the impugned order. 3. In view of above, provision of rule 3 of the M.P. Panchayat (Appeal and Revision) Rule, 1995 (for brevity 'the 1995 Rule) , this Court is of the considered view that since the disputed questions of fact are involved which ought not to be gone into writ jurisdiction, it would be appropriate for the petitioner to approach the appellate authority i.e. the Commissioner of the Revenue Division within which the Zila Panchayat, Shivpuri/respondent No.2 lies. 4. Accordingly, this Court declines to exercise power of judicial review and relegates the petitioner to avail the statutory remedy of appeal under rule 3 of the 1995 Rules which if availed within the period of one month from today shall be considered and decided by passing speaking order on its own merits without being dismissed on limitation alone. With the aforesaid liberty, the present petition stands disposed of.