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35 Yrs Elapsed: Court Refuses Compassionate Appointment, Says No Claim After Crisis Is Over: Madhya Pradesh

There was recently a case in which the Madhya Pradesh High Court affirmed its decision to deny a man’s request for compassionate appointment after 35 years, despite the fact that he was not at fault for the delay.

Chief Justice Ravi Malimath and Justice Vishal Mishra in the case of SOMNATH SONWANI VERSUS THE STATE OF MADHYA PRADESH AND ORS said in their dissent that the goal of a compassionate appointment is to help the grieving family avoid a financial catastrophe. Contrarily, the Appellant was far beyond this stage.

FACT OF THE CASES-

The facts of the case were that the appellant had sought appointment on compassionate grounds due to his father’s death in harness in 1987. In 2003, he achieved big status. Immediately thereafter, he submitted an application with the Chhattisgarh authorities. Following a reorganisation of the state, the relevant authorities fell under the jurisdiction of Madhya Pradesh. Consequently, his application was denied. He petitioned the court to review the denial of his application.

JUDGEMENT AND ORDER-

The Writ Court refused to award relief to the Appellant on the grounds that there was no rationale for granting compassionate appointment after a 35-year delay. He subsequently filed an appeal against the Writ Court’s ruling.

Examining the parties’ arguments and the relevant documents, the Court agreed with the Writ Court’s findings. In light of the fact that 35 years had passed, it was deemed inappropriate for the court to interfere with the challenged order. Consequently, the appeal was denied.

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Judgement reviewed by Deepa Bajaj.

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