Special appeal allowed. The High Court set aside the Single Judge's order granting compassionate appointment because it relied on a judgment that overruled the Division Bench ruling in Smt. Phoola Devi.
Judgment and order dated 26.07.2006 passed by the learned Single Judge set aside.
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Court No. - 2 Case :- SPECIAL APPEAL No. - 872 of 2006 Appellant :- State Of U.P. Thru Prin.Secy. IfÏgation And 3 Ors.
Respondent :- Smt. Sarla Devi S/S 4968/2006 Counsel for Appellant :- Standing Counsel Counsel for Respondent :- Rakesh Srivastava,Smt. Seema Srivastava
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.
C.M. Application No.42227 of 2006 (Application for Condonation of Delay)
List has been revised.
Case called out.
No one is present to represent the respondent.
Heard learned State counsel representing the appellant- State authorities.
Having regard to the averments made in the application seeking condonation of delay, we find that delay has appropriately been explained.
Accordingly, application is allowed and delay in filing the special appeal is hereby condoned.
Order in Appeal
Under challenge in this special appeal is the judgment and order dated 26.07.2006 passed by learned Single Judge, whereby Writ Petition No.4968 (S/S) of 2006 filed by the respondentpetitioner has been allowed and the order under challenge therein, dated 26.10.1998 has been quashed.
Learned Single Judge while passing the said order dated 26.07.2006 has directed the appellants to consider her case for compassionate appointment on a suitable post.
Submission of learned counsel for the appellantsState authorities is that learned Single Judge while passing the judgment and order under appeal
herein has relied upon the judgment dated 25.07.2005 in the case of Vijay Kumar Yadav Vs. State of U.P. and others ( Writ Petition No.51469 of 2005 ) rendered by learned Single Judge, however Vijay Kumar Yadav (supra) did not notice the judgement dated 14.07.2000 passed by Division Bench of this Court in the case of State of U.P. and others Vs. Smt. Phoola Devi ( Special Appeal No.117 of 2000 ).
The submission is that the judgment in the case of Smt. Phoola Devi (supra) was in a fact situation, where a person concerned was claiming compassionate appointment in place of her husband who was also a part time Tubewell operator, however, her claim was rejected.
When we examine the order under appeal before us, dated 26.07.2006, what we find is that the same is based on Vijay Kumar Yadav (supra), which clearly runs contrary to the Division Bench in the case of Smt. Phoola Devi (supra).
In view of the above, we are not in agreement with the judgment and order passed by learned Single Judge, dated 26.07.2006, which is under appeal before us.
The special appeal is, thus, allowed and the judgment and order dated 26.07.2006 passed by learned Single Judge in Writ Petition No.4968 (S/S) 2006 is hereby set aside.
There will be no order as to costs.
Order Date :- 14.12.2022 Rahul
Digitally signed by RAHUL TRIPATHI Date: 2022.12.15 18:41:03 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the Single Judge was correct in allowing the respondent's claim for compassionate appointment without considering the Division Bench judgment in Smt. Phoola Devi.
Whether the lower court's order runs contrary to the precedent established in State of U.P. and others Vs. Smt. Phoola Devi.
Colour shows how this judgement treated each authority
Vijay Kumar Yadav Vs. State of U.P. and othersDistinguished¶15
Vijay Kumar Yadav Vs. State of U.P. and others (Writ Petition No.51469 of 2005)
State of U.P. and others Vs. Smt. Phoola DeviFollowed¶15
State of U.P. and others Vs. Smt. Phoola Devi (Special Appeal No.117 of 2000)
State Of U.P. Thru Prin.Secy.
Smt. Sarla Devi
Devendra Kumar Upadhyaya
Saurabh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
