Harish Kumar vs State Of U.P. And 2 Others
2021 Latest Caselaw 10116 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 9845 of 2021
 

 
Petitioner :- Harish Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Awadh Narain Rai
 
Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner has been offered compassionate appointment on fixed pay vide order dated 03.01.2011, passed by the District Basic Education Officer, Etah. Contention is that compassionate appointment ordinarily would be in the nature of substantive appointment and petitioner cannot be treated and placed in fixed pay. Reliance is placed upon a judgment of this Court in Writ Petition No.12190 of 2005, Smt. Puspa Devi vs. State of U.P. and others, decided on 10.08.2011.

Sri Sanjay Kumar Srivastava, learned counsel for the respondent no.3 submits that such claim of the petitioner would be examined by the District Basic Education Officer, Etah.

In light of the above, it would be appropriate to direct the respondent no.3 to examine petitioner's claim and to pass necessary orders, keeping in view the law laid down by this Court in the case of Smt. Pushpa Devi (supra) and in accordance with law, within a period of four months from the date of presentation of a copy of this order.

Writ petition stands disposed of.

Order Date :- 11.8.2021

n.u.