Satya Prakash Gautam vs State Of U.P. Through Prin. Secy. ...
2012 Latest Caselaw 4620 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 5213 of 2012
 

 
Petitioner :- Satya Prakash Gautam
 
Respondent :- State Of U.P. Through Prin. Secy. Samaj Kalyan Vibhag Lko. &
 
Petitioner Counsel :- Pt. S.Chandra
 
Respondent Counsel :- C.S.C.,C.B.Singh
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the respondent-State has informed the court that on the issue raised in the petition, Special Appeal no.340/01, State of U.P. through Social Welfare v. Rajkumar, is pending adjudication.

The petition raises the issues of providing appointment on compassionate grounds to a family member of deceased Assistant Teacher, who is required to teach Class I to Class V.

Learned counsel for the petitioner prays for interim relief by way of granting employment to the petitioner on compassionate grounds.

The prayer of the petitioner cannot be accepted in view of various judgments rendered by the Hon'ble Supreme Court of India to the effect that employment given on compassionate grounds is not strictly in consonance with the provisions of Articles 14 and 16 of the Constitution of India.

I have also considered that if as an interim measure, employment is given to the petitioner on compassionate grounds, it shall be giving final relief to the petitioner, which would not be appropriate at an interim stage.

No ground for giving interim relief is made out.

List after decision in Special Appeal no.340/01, State of U.P. through Social Welfare v. Rajkumar.

Order Date :- 28.9.2012

A.Nigam