Puttu Lal vs D.B.E.O., & Others
2012 Latest Caselaw 3585 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- WRIT - A No. - 43499 of 1999
 

 
Petitioner :- Puttu Lal
 
Respondent :- D.B.E.O., & Others
 
Petitioner Counsel :- B.N. Mishra,A.N.Rai
 
Respondent Counsel :- P.K. Sharma,S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

I have heard learned counsel for the petitioner and learned Standing Counsel.

The petitioner was appointed on compassionate ground as his father died in harness on 21.11.2003. The appointment of the petitioner's father was cancelled by order dated 13.9.1999. Late Puttu Lal, by the instant petition, challenged the said termination order and this Court on 27.3.2000 had stayed the termination order dated 13.9.1999. In compliance of the interim order dated 27.3.2000, late Puttu Lal was allowed to work and he was paid his salary regularly without any break as a class IV employee. During the pendency of the writ petition, Puttu Lal had died. In his place, his son, Danveer, the present petitioner no. 2 was appointed as a class IV employee. The petitioner no. 2 filed impleadment / substitution application which has been allowed by this Court. In the mean time, the appointment of petitioner no. 2 was cancelled on 18.2.2012 on the ground that his father's appointment itself was illegal. Therefore, the petitioner no. 2 has no right to be appointed in his place. The petitioner no. 2 has challenged the said order by an amendment in the present writ petition. The cancellation of the appointment of the petitioner's father is challenged in this writ petition. This Court has granted interim order in his favour on 27.3.2000. During the pendency of the writ petition, he unfortunately died in the month of November, 2003. Therefore, the petitioner no. 2 has been appointed on compassionate ground. The appointment of the petitioner no. 2 has been cancelled only on the ground that the petitioner's father appointment was illegal and as such his appointment letter has also been cancelled. As stated above, the issue with regard to validity of the appointment of late Puttu Lal is still pending in the present writ petition and the interim order passed by this Court is continuing.

In the peculiar facts and circumstances of the case, the effect and operation of the order dated 18.2.2012 is stayed until further orders of this Court.

Order Date :- 17.8.2012

Puspendra