Petitioner, already appointed as peon on compassionate ground after his father's death, sought appointment as assistant teacher or clerk under Dying in Harness Rules. Court dismissed the petition, finding no justification for a second appointment.
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Court No. - 7
Case :- WRIT - A No. - 15150 of 2018
Petitioner :- Man Mohan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Phool Chandra Singh,R.U. Rinki Renu,Sumitra Singh
Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri P. C. Singh, learned counsel for the petitioner and the learned standing counsel for the State-responents and Mohd. Shere Ali, learned counsel for respondent nos. 4 and 5.
This writ petition has been filed praying for a direction to the respondent no.4 to consider the petitioner for appointment on the post of assistant teacher or clerk in any institution under Dying in Harness Rules, 1974.
Sri Rudal Prasad was the father of the petitioner, who died on 7.3.2015, while working as Head Master. The petitioner applied for compassionate appointment and by order dated 7.11.2015, he was appointed as peon on compassionate ground. The petitioner has joined on the said post and is working pursuant to his appointment order dated 7.11.2015. Once the petitioner has got the appointment on compassionate ground, I do not find any good reason to direct the respondent no.4 to consider the petitioner again for appointment on the post of Assistant Teacher or Clerk on compassionate ground.
In view of the aforesaid, the writ petition is dismissed.
Order Date :- 19.7.2018 Ak/
1 issue framed by the court
Whether a petition for compassionate appointment as assistant teacher or clerk should be allowed when the petitioner was already appointed as peon on compassionate ground after the father's death.
Man Mohan
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
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