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2019 (1) TMI 1988 - HC - Indian LawsEligibility for appointment on compassionate ground - Rejection on the ground that the elder brother of the petitioner is already in Government job - Doctrine of prospective overruling - HELD THAT:- The question that whether the policy in existence on the date of death of a Government employee or the policy which is in existence on the date of consideration of the application for compassionate ground would be applicable, is no more res integra. The Full Bench of this Court by judgment passed in the case of THE STATE OF M.P. AND ORS. VERSUS LAXMAN PRASAD RAIKWAR [2018 (10) TMI 1963 - MADHYA PRADESH HIGH COURT] where it was held that compassionate appointment can not be claimed as a matter of right as it is not a vested right and the policy prevailing at the time of consideration of the application for compassionate appointment would be applicable. This Court had held that since, the policy which was in vogue on the date of the death of the Govt. employee would be applicable, therefore, the respondents were directed to reconsider the case of the petitioner in the light of the said policy. However, there was no determination of the right of the petitioner. The petitioner was not declared entitled for appointment on compassionate ground. Thus, this Court is of the view that the process for consideration of the application for appointment on compassionate was still in progress and there was no final adjudication of the right of the petitioner, and under this circumstance, the principle of Res Judicata would not apply in the light of non-application of the principle of prospective overruling. This Court is of the considered opinion that although this Court in the first round of litigation might have directed the respondents to consider the application of the petitioner for appointment on compassionate ground in the light of the policy existing on the date of death of the father of the petitioner, but in the light of the subsequent interpretation of law, as held by the Full Bench of this Court in the case of Manoj Kumar Deharia [2009 (10) TMI 987 - MADHYA PRADESH HIGH COURT], it is held that the policy which was in existence on the date of consideration of the application would be applicable. This Court is of the considered opinion that the respondents did not commit any mistake by rejecting the claim of the petitioner by considering the policy which was in vogue on the date of consideration of the application, and the petitioner was rightly held ineligible for appointment on compassionate ground, as his elder brother was already in the Government job - Petition dismissed.
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