Pradeep Kumar vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 10984 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 
Case :- SERVICE SINGLE No. - 18784 of 2021
 

 
Petitioner :- Pradeep Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Social Welfare & Anr.
 
Counsel for Petitioner :- Ram Raj Ojha,Pallavi Vatsala
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rakesh Srivastava,J.

Heard Smt. Bulbul Goldiyal, learned Senior Counsel assisted by Ms Pallavi Vatsala, learned counsel for the petitioner and Shri Pradeep Kumar Singh, learned Additional Chief Standing Counsel appearing for the State-respondents.

Late Sudha Verma, the mother of the petitioner, while working on the post of Grahmata in Rajkiya Ashram Paddhati Vidyalaya (Balika), Mohan Road, Lucknow died in harness on 24.5.2000. On 13.6.2000, the petitioner made an application seeking compassionate appointment under the U.P. Dependants of Government Servants (Dying in Harness) Rules, 1974 (for short 'Rules'). The case of the petitioner was considered and by an order dated 4.7.2000 he was appointed on the post of Junior Clerk. Subsequently, the petitioner was confirmed on the said post. In the year 2008 the petitioner was promoted on the post of Senior Assistant and in the year 2014, he was further promoted on the post of Head Assistant.

By the impugned order dated 5.8.2021, the appointment of the petitioner has been cancelled on the ground that the appointment is contrary to Rules as amended on 20.01.1999.

Learned counsel for the petitioner has submitted that neither there was any concealment on the part of the petitioner nor there is any finding to the effect in the enquiry report dated 09.10.2000. In support of her contention the learned counsel has placed reliance upon the judgment of the Apex Court in the case of Mohd. Zamil Ahmed v. The State of Bihar, 2016 (12) SCC 342. The counsel has also placed reliance upon the order dated 13.08.2021 passed in Writ Petition No.17604 (SS) of 2021, Sanjay Kumar Yadav v. State of U.P. and another wherein in identical circumstances an interim order has been passed by this Court.

Prima facie case for interim relief is made out.

Shri Pradeep Kumar Singh prays for and is granted four weeks' time to file counter affidavit.

The Petitioner, if so advised, may file rejoinder affidavit within two weeks thereafter.

List in the week commencing 18.10.2021.

Till the next date of listing the operation of the impugned order dated 5.8.2021 shall remain stayed.

Order Date :- 27.8.2021

Anupam