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2022 Supreme(MP) 135

VIVEK RUSIA, AMARNATH (KESHARWANI)
Commissioner of Municipal Corporation, District Ujjain – Appellant
Versus
Saddam Hasam – Respondent


Advocates:
Girish Patwardhan with Ms. Ankita Verma for appellants; Rajeev Kumar Jain for respondent No. 1; Manish Nair, Deputy Advocate General for respondent No. 2/State.

ORDER

Rusia, J:- 1. The present writ appeal is filed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 against the order dated 3.4.2019 passed by the Writ Court, whereby the Writ Court has allowed the writ petition filed by the respondent No.1 (hereinafter referred as writ petitioner) with a direction to consider the application for compassionate appointment as per para – 3 of the Policy dated 21.5.2002.

2. The facts of the case in short are as under:-

2.1. Late Smt. Vimla Bai W/o Chhotelal was serving on the post of Safai Karamchari / Sweeper in the services of Ujjain Municipal Corporation. She died on 25.8.2014 in a road accident while in service. According to the writ petitioner, before the death, Vimla Bai had submitted an affidavit before the Municipal Corporation disclosing the name of Saddham Hasam as her adopted son and requested for entering his name as a nominee in all the service records. On the basis of the aforesaid affidavit , the name of the writ petitioner had been recorded in the service record as the son of Smt. Vimla Bai. After the death of Vimla Bai i.e. 25.8.2014, the writ petitioner has submitted an applicati

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