Dismissed
Ishan Ali v. State of U.P. and 2 Others
Allahabad HCSPLA/33/2020
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Court Case :- SPECIAL APPEAL No. - 33 of 202…
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AI extract
Court Case :- SPECIAL APPEAL No. - 33 of 202…
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Serial No. 328
Chief Justice's Court
Case :- SPECIAL APPEAL No. - 33 of 202
(Writ A No. 13850 of 2017)
Appellant :- Ishan Ali Respondent :- State of U.P. and others
Counsel for Appellant :- Mr. Deepak Kumar Jaiswal, Advocate Counsel for Respondent :- Mr. A.K. Ray, Additional Chief Standing Counsel.
Hon'ble Rajesh Bindal,Chief Justice Hon'ble Piyush Agrawal,J.
Order dated December 9, 2019 passed by the learned Single Judge has been challenged in the present intra-Court appeal. The writ petition, filed by the appellant seeking compassionate appointment, was dismissed.
The facts, as noticed by the learned Single Judge, are that the father of the appellant, who was working as Collection Amin, died during service in the year 2000 and his daughter was appointed on compassionate basis on the post of Junior Clerk on April 3, 2001. Unfortunately, she also expired on September 16, 2003. Thereafter, the appellant applied for appointment on compassionate basis on February 8, 2007. He appeared in typing test in the year 2009, but failed. The writ petition was filed in the year 2017 impugning the order dated February 7, 2017, which was passed on the representation of the appellant dated January 16, 2017.
Noticing the aforesaid facts, the learned Single Judge, while referring to a number of judgements of Hon'ble the Supreme Court, dismissed the writ petition as compassionate appointment is provided to mitigate the hardship to the family of the deceased immediately after the death. The same is not an additional source of recruitment
While concurring with the view expressed by the learned Single Judge, we do not find any merit in the present appeal. The same is, accordingly, dismissed.
Date :- 22.12.2021 Amit Mishra/Rahul Dwivedi
( Piyush Agrawal,J. ) ( Rajesh Bindal,C.J. )
Ishan Ali
State of U.P.
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
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