Dinesh Chand Agrawal and Another vs The State of M.P. and Others

Rajendra Menon, Judge

Petitioners were appointed as Assistant Teachers on compassionate ground. Vide order dated 12.1.2004, it was informed to the petitioners that vide orders passed by the competent authority on 8.10.2003 and on 11.10.2003, their services have been terminated as they are not entitled to compassionate appointment and, therefore their claim for salary and other benefits have been rejected. Along with the petitioners on similar circumstances, services of one Ku. Seema Mishra, who was also appointed on compassionate ground were terminated. Ku. Seema Mishra challenged the action by filing a writ petition before this Court and a bench of this Court vide order passed in W.P.No.9749/2003 on 11.5.2006 came to the conclusion that the orders passed terminating the compassionate appointment of Ku. Seema Mishra are not sustainable in the light of the fat that an order detrimental to her interest has been passed without hearing her. Placing reliance on a judgment rendered by the Apex Court in the case of the Basudeo Tiwary Vs. Sido Kanhu University and Others, , the writ petition was allowed.

On a perusal of the order passed by this Court and the material brought on record by the petitioners by way of I.A.No.8340/2011, it transpires that against the order passed by this Court, a writ appeal was filed by the State before the Division Bench of this Court and the said writ appeal i.e. W.A.No.954/2007 was also dismissed as withdrawn on 5.9.2007, thereafter, a contempt petition was filed and finally the matter has been settled and even the SLP filed by the State Government has been rejected as is evident from the order brought by the petitioners at Page-9 of I.A. No. 8340/2011. It is seen from these orders that in the case of Ku. Seema Mishra, identical action taken has been quashed and it is stated in the said application that in pursuance to the these orders Ku. Seema Mishra has been reinstated in service.

Keeping in view the aforesaid and the fact that the case of the petitioners is also at par and similar with that of Ku. Seema Mishra, for the grounds and reasons already indicated by a bench of this Court in the case of Ku. Seema Mishra in W.P.No.9749/2003 on 11.5.2006, this petition is also allowed. The impugned action and the orders impugned in this writ petition are also quashed and respondents are directed to proceed in the matter and grant similar benefit to the petitioners as has been granted to Ku. Seema Mishra. The action as directed hereinabove, be taken and benefits conferred to the petitioners within a period of two months from the date of receipt of certified copy of this order.

With the aforesaid, the petition stands allowed and disposed of.

Certified Copy as per rules.