The High Court dismissed the petitioner's plea for compassionate appointment. The court noted the petitioner failed the height requirement for Home Guard Volunteer posts, and the Home Guard authority stated no other posts are available for her under existing policy.
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Neutral Citation No. - 2024:AHC:118636
Court No. - 5
Case :- WRIT - A No. - 9485 of 2024
Petitioner :- Bandana Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Heard Mr. Raj Kumar Mishra, learned Counsel for the petitioner in support of the petition at great length and Mr. Sharad Chandra Upadhyay, learned Standing Counsel appearing on behalf of the State.
In compliance with the order dated 18.07.2024, a further personal affidavit of the District Commandant (Home Guard), Kanpur Nagar has been filed today in Court. It is taken on record. In paragraph no. 7 of the affidavit, it is averred:
This petition has been filed to issue a writ, order or direction commanding respondent no. 4 to consider the petitioner's claim for compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness. Rules, 1974.
It was noticed in our order dated 18.07.2024 that the petitioner was not considered
for compassionate appointment because she failed her physical measurement test held on 23.12.2023, wherein her height was found to be 150 cm., whereas according to the Government Order dated 06.09.2010, the minimum height for the appointment of Women Home Guard Volunteers is 152 cm. It was then that this Court required the District Commandant (Home Guard), Kanpur Nagar to file a further personal affidavit, indicating if the petitioner can be considered for compassionate appointment against any other suitable post in the office or otherwise. It is in answer to the said remarks of ours that a further personal affidavit of the District Commandant (Home Guard), Kanpur Nagar has been filed, wherein the stand, as above extracted in paragraph no. 7, has been taken.
In view of the stand that the petitioner is not eligible to be appointed going by the physical measurement criteria as a Women Home Guard Volunteer and there is no provision for appointment against any other post in the office etc. under the Home Guards Establishment, no case for relief is made out.
Accordingly, this petition fails and is dismissed . There shall be no order as to costs.
Order Date :- 25.7.2024 Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is eligible for compassionate appointment when she failed the minimum height requirement and no other post exists for her appointment under departmental policy.
Whether there is a guideline to appoint dependents of deceased Home Guard Volunteers against posts other than Home Guard Volunteer.
Bandana Devi
State Of U.P.
Unidentified Office Resource 2
Unidentified Office Resource 3
District Commandant (Home Guard), Kanpur Nagar
J.J. Munir, J.
As recorded by the court registry
3 orders share this CNR
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