Allowed¶16

Vipin Kumar v. Union of India and 2 Others

Allahabad HC12 May 2025WRIA/6365/2025

Case brief

AI extract

What is this about?

Compassionate appointment; demise of father (Late Kamal Kumar); cryptic unreasoned rejection order dated 19.09.2023; non-application of mind; no order passed by competent authority, only notings; notings not communicated to petitioner; writ allowed; order set aside; remand to respondent no. 2 for fresh reasoned decision within two months; Union of India; WRIT - A No. 6365 of 2025; Allahabad High Court; 2025:AHC:83424; decided 19.5.2025.

What did the court decide?

Writ petition allowed to the extent indicated: impugned order dated 19.09.2023 set aside and matter remitted to respondent no. 2 to decide the compassionate appointment claim by a reasoned order within two months of receipt of a certified copy of the order. ¶16

Vipin Kumar vs Union of India and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 19.09.2023 rejecting the petitioner's claim for appointment on compassionate grounds is sustainable when it is cryptic, states no reasons, no reasoned order was passed by the competent authority, and the notings were neither produced before the Court nor communicated to the petitioner.

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Court's answer

The impugned order dated 19.09.2023 is vitiated on account of non-application of mind, being cryptic and reasonless, with no reasoned order of the competent authority existing and the notings neither produced nor communicated; accordingly the impugned order is set aside.

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Ratio / Principle

The matter is remitted to respondent no. 2, who is directed to decide the petitioner's claim for appointment on compassionate grounds by a reasoned order after considering all relevant factors and issues, completing the exercise within two months from receipt of a certified copy of the order.

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Detailed headnote1 paragraphs

Allahabad High Court (Ajay Bhanot, J.; Neutral Citation 2025:AHC:83424; decided 19.5.2025) allowed Writ - A No. 6365 of 2025 filed by Vipin Kumar against Union of India and 2 others. The communication dated 19.09.2023 rejecting his application for appointment on compassionate grounds upon the demise of his father (Late Kamal Kumar, Sr. No. 425474, Civil Lines Branch) was held to be cryptic, devoid of reasons, and vitiated by non-application of mind. On being directed to produce the competent authority's order, the respondents fairly submitted that no order had been passed and only notings existed; those notings were neither placed before the Court nor communicated to the petitioner. The impugned order was set aside and the matter remitted to respondent no. 2 to decide the claim afresh by a reasoned order after considering all relevant factors, within two months of receipt of a certified copy of the order.

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Neutral Citation No. - 2025:AHC:83424

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Court No. - 5

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Case :- WRIT - A No. - 6365 of 2025

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Petitioner :- Vipin Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Abhishek Pandey,Birendra Pandey,Jitendra Pandey,Vinay Kumar Pandey Counsel for Respondent :- A.S.G.I.,Pashupati Nath Tripathi

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Hon'ble Ajay Bhanot,J.

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Heard Shri Birendra Pandey, learned counsel for the petitioner and Shri Pashupati Nath Tripathi, learned counsel for the respondents no 2 and 3.

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By the impugned order dated 19.09.2023 the application of the petitioner for grant of appointment on compassionate grounds has been declined. The impugned order is cryptic one and does not state any reason for invalidating the case of the petitioner for grant of appointment on compassionate grounds. For ease of reference the order is extracted hereunder:

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"This has reference to your captioned application for Compassionate Appointment upon demise of your father Late MR. KAMAL KUMAR, SR. No. 425474, Civil Lines Branch.

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In this connection, we would submit that the request for Compassionate Appointment has not been considered favourably by the Competent Authority as there are no other wholly dependent wards of the deceased employee to be looked after."

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The respondents were directed to produce the order of the competent authority. However, it is fairly submitted that no order has been passed by the competent authority. Only some notings have been made.

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Incidentally the aforesaid notings have also not been brought before this Court. In any case the aforesaid notings have not been communicated to the petitioner and do not form part of the order rejecting his claim.

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In this wake the impugned order is vitiated on account of non application of mind. The impugned order dated 19.09.2023 is liable to be set aside and is set aside.

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The matter is remitted to the respondent no. 2 to execute the following directions:

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I. The respondent no. 2 is directed to decide the claim of the petitioner for grant of appointment on compassionate grounds by a reasoned order after considering all relevant factors and issues.

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II. The exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order.

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The writ petition is allowed to the extent indicated above.

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Order Date :- 19.5.2025 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Vipin Kumar v. Union of India and 2 Others

Case brief

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Vipin Kumar v. Union of India and 2 Others

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