The High Court directed the State of U.P. to consider and decide the petitioner’s application for compassionate appointment as his son, based on his father’s death in harness, within six weeks.
Direction to the second respondent to consider the petitioner’s application for compassionate appointment and take a decision within six weeks.
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Court No. - 4 Case :- WRIT - A No. - 25716 of 2018 Petitioner :- Sarvesh Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Arvind Kumar Srivastava,Atul Kumar Srivastava Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Ajit Kumar,J.
Hear learned counsel for the parties.
The petitioner is seeking relief in the nature of mandamus directing the second respondent to appoint the petitioner on compassionate ground as his father who was working as a Head Master died in harness on 20.4.2017.
The petitioner has already completed all the formalities for compassionate appointment vide application dated 11.7.2017 submitted before the District Basic Education Officer. He was then directed by the District Basic Education Officer to file appropriate application through the Block Education Officer, Bahedi, District Bareilly, vide order dated 22.7.2017. The petitioner also forwarded another application through proper channel as sought by the District Basic Education Officer on 3.8.2018 but his application for compassionate appointment has remained pending till date.
Learned counsel for the respondent has no objection if the second respondent is directed to consider the application of the petitioner in accordance with law.
In the opinion of the Court the very purpose of compassionate appointment is to provide immediate succour to the bereaved family. Any leniency on the part of the authorities concerned can only result in getting the very purpose defeated.
The application therefore, in such circumstance of compassionate appointment should be disposed of on priority basis.
Accordingly, a direction issued to the second respondent to take an appropriate step in the matter of grievance of the petitioner for compassionate appointment and take a decision either way positively within a period of six weeks' from the production of certified copy of this order.
This writ petition thus stands disposed of.
Order Date :- 6.12.2018/Md Faisal
1 issue framed by the court
Whether to direct the State to dispose of the petitioner’s pending application for compassionate appointment on a priority basis.
Sarvesh Kumar
State Of U.P.
Ajit Kumar
As recorded by the court registry
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