Remanded

Mukesh Yadav v. State of U.P. and 3 Others

Allahabad HC20 Sept 2023WRIA/15041/2023

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment following his father's death. The High Court dispensed with notice to one respondent and directed the District Basic Education Officer to decide the application within two months.

What did the court decide?

Direction issued to Respondent No. 3 to consider and decide the petitioner's application for compassionate appointment within two months.

Mukesh Yadav Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:181638

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Court No. - 36

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Case :- WRIT - A No. - 15041 of 2023

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Petitioner :- Mukesh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Rai Counsel for Respondent :- C.S.C

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Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No.2 and 3.

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In view of the proposed order, notice to the private Respondent No. 4 is dispensed with.

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Father of the petitioner, while working on the post of Assistant Teacher in ' Kisan Purva Madhyamik Vidyalay Mujar Suraina, District Azamgarh' died in harness on 2.9.2019. Petitioner has submitted an application on 3.12.2019 to the District Basic Education Officer, Azamgarh, whereby he has requested for his compassionate appointment in place of his father.

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Learned counsel appearing for the petitioner has submitted that the petitioner is fully qualified and eligible for compassionate appointment but till date his application for compassionate appointment has not been considered and decided by the Respondent No. 3.

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It has been further argued by the learned counsel appearing for the petitioner that it is well settled proposition of law through catena of decisions of the Hon'ble Supreme Court that the application for compassionate appointment has to be decided expeditiously and that the matter of compassionate appointment engages urgency.

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On the other hand, learned counsel appearing for the Respondent No. 3 has submitted that the ends of justice would be served if a direction is issued by this Court to the District Basic Education Officer, Azamgarh to consider and decide the petitioner's application for compassionate appointment within a fixed time frame.

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In view of the aforesaid submissions made by the learned counsels appearing for the parties, this writ petition is finally disposed of with direction to the Respondent No. 3 to consider and decide the application of the petitioner for compassionate appointment by passing speaking and reasoned order within

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two months from the date of presentation of certified copy of this order.

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Order Date :- 20.9.2023

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n.u.

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Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad

Mukesh Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mukesh Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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