Disposed

Shailendra Kumar v. State of U.P. and 2 Others

Allahabad HC22 Sept 2023WRIA/15971/2023

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What is this about?

Single judge order disposing of a writ petition where the petitioner, brother of a deceased Headmaster, sought compassionate appointment. The court directed the District Basic Education Officer to decide the application via a reasoned order within two months.

What did the court decide?

Direction to Respondent No. 3 to decide the application for compassionate appointment within two months via speaking and reasoned order

Shailendra Kumar Vs State of U.P. and 2… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184362

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Court No. - 36

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Case :- WRIT - A No. - 15971 of 2023

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Petitioner :- Shailendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Narain Rai,Raghvendra Pratap Singh Counsel for Respondent :- C.S.C.,Manvendra Singh

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Hon'ble Manjive Shukla,J.

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

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2 Learned counsel appearing for the petitioner has submitted that the brother of the petitioner while working on the post of Headmaster in Primary Vidyalaya, Dhakpura, Block Karhal, District Mainpuri died in harness on 29.2.2020. It has been further submitted that the brother of the petitioner late Dhirendra Singh was unmarried and was having two younger brothers. Both brothers were dependent on the income of late Dhirendra Singh.

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Learned counsel appearing for the petitioner has further contended that the petitioner, after the death of his brother, has submitted an application on 23.4.2023, whereby he has requested for his appointment on compassionate ground in place of his brother.

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Learned counsel appearing for the petitioner has argued that the aforesaid application was filed on 23.4.2023 but till date the District Basic Education Officer, Mainpuri has not considered and decided the case of the petitioner for compassionate appointment.

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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 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, Mainpuri to consider and decide the petitioner's application for compassionate appointment within a fixed time

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

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Order Date :- 22.9.2023 n.u.

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

Shailendra Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

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Shailendra Kumar v. State of U.P. and 2 Others

Case brief

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