Allowed

Mudassir Khan v. State of U.P. and 2 Others

Allahabad HC11 Sept 2023WRIA/10839/2023

Case brief

AI extract

What is this about?

Petitioner sought regularization of his compassionate appointment to a Class IV post and payment of regular salary from his initial joining. The court allowed the petition citing a prior judgment stating compassionate appointees are entitled to regular status and pay scales from the date of joining.

What did the court decide?

Writ petition allowed directing the District Basic Education Officer to regularize the petitioner's services and pay salary in a regular pay scale from the date of initial appointment as per existing

Mudassir Khan Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:176642

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Court No. - 36

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Case :- WRIT - A No. - 10839 of 2023

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Petitioner :- Mudassir Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Bipin Bihari Pandey

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Hon'ble Manjive Shukla,J.

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Heard Sri Kamal Kumar Kesarwani, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No.1 as well as learned counsel appearing for the Respondents No. 2 and 3.

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Petitioner through this writ petition has prayed for a direction from this court thereby commanding the Respondent No. 2 to regularize the services of the petitioner from the date of his initial appointment and to pay him salary in a regular pay scale and other service benefits from the date of his initial appointment.

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Facts of the case, in brief, are that the petitioner was appointed on compassionate ground vide appointment order dated 15.9.2005 on a Class IV post on a fixed pay of Rs.2550/per month. Petitioner pursuant to the aforesaid appointment order issued by the Deputy Basic Education Officer, Pilibhut submitted his joining in the concerned school on 21.9.2005. The District Basic Education Officer, Pilibhit vide his order dated 22.1.2013 appointed the petitioner in regular Pay Band of Rs.5200-20200 with Grade Pay of Rs.1800/- on a Class IV post. Petitioner since 22.1.2013 is continuously discharging duties attached to his post in Uchcha Prathmik Vidyalaya Kharausa, Block Marauri, District Pilibhit.

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Petitioner has submitted several representations to the District Basic Education Officer, Pilibhit, wherein it has been mentioned that the law in respect of appointment on compassionate ground has already been settled by this court and it has been held that the compassionate appointment from the date of initial appointment has to be treated as regular appointment in a regular pay-scale and it has been requested that petitioner's appointment may be considered as regular appointment on a Class IV post and he may be granted salary in a regular pay scale admissible to Class IV employees with effect from the date of his initial appointment.

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Petitioner in his writ petition has also stated that in District Pilibhit, the District Basic Education Officer, Pilibhit vide order dated 9.9.2021 has granted the benefit of regular appointment in regular pay scale to eight Class IV employees from the date of their initial appointment on compassionate ground.

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Learned counsel appearing for the petitioner has argued that this court has already settled the law in respect of issue involved in this writ petition and it has been held that the appointment on compassionate ground cannot be made on a fixed pay and on temporary basis rather it has to be regular appointment in a regular pay-scale from the date of initial appointment. Learned counsel appearing for the petitioner has also argued that once the District Basic Education Officer, Pilibhit himself vide order dated 9.9.2021, contained in Annexure No.6 to the writ petition, has granted benefit of regular appointment in a regular pay-scale to eight Class IV employees from the date of initial compassionate appointment, then the said benefit cannot be denied to the petitioner.

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Learned counsel appearing for the petitioner has invited attention of this court towards the judgment and order dated 2.8.2023 passed by this court in Writ-A No.6719 of 2023 (Pradeep Kumar vs. State of U.P. and others), wherein this court has categorically held that appointment on compassionate ground has to be treated as regular appointment from the date of initial appointment and such appointee is entitled for payment of salary in a regular pay-scale from the date of his initial appointment.

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Learned counsel appearing for the petitioner has submitted that this writ petition filed by the petitioner is liable to be allowed by this court in terms of judgment and order dated 2.8.2023 passed by this court in Writ-A No.6719 of 2023 (Praveen Kumar vs. State of U.P. and others).

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Learned counsel appearing for the Respondents No.2 and 3 does not dispute that the issue involved in the present writ petition has already been decided by this court vide judgment and order dated 2.8.2023 passed in Writ-A No.6719 of 2023, wherein it has been held that compassionate appointment has to be treated as a regular appointment from the date of initial appointment and salary is also liable to be paid in regular payscale from the date of initial appointment.

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I have considered the submissions advanced by the learned counsels appearing for the parties and I find that the petitioner in this writ petition has prayed that his appointment made on compassionate ground on a fixed pay may be treated as regular

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appointment and he may be paid salary in a regular pay-scale admissible to Class IV employees with effect from the date of his initial appointment.

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I find that identical issue has already been considered and decided by this court vide judgment and order dated 2.8.2023 passed in Writ-A No.6719 of 2023 (Praveen Kumar vs. State of U.P. and others), wherein it has been held that appointment on compassionate ground has be treated as regular appointment from the date of initial appointment and such appointee is entitled for payment of salary in the regular pay-scale from the date of his initial appointment.

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In view of the aforesaid reasons, this writ petition is liable to be allowed in terms of the judgment and order dated 2.8.2023 passed by this court in Writ-A No.6719 of 2023.

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Accordingly, this writ petition is allowed. The District Basic Education Officer, Pilibhit is directed to consider the matter of the petitioner and pass order in terms of judgment and order dated 2.8.2023 passed by this court in Writ-A No.6719 of 2023 (Praveen Kumar vs. State of U.P. and others), expeditiously, preferably within a period of two months from the date of service of certified copy of this order.

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Order Date :- 11.9.2023 Salim

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Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad

Mudassir Khan v. State of U.P. and 2 Others

Case brief

What is this about?

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Mudassir Khan v. State of U.P. and 2 Others

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