Allahabad High Court
Ritanshi Singh vs State Of U.P. Thru Secy.Fisheries ... on 4 August, 2021
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 13391 of 2016
Petitioner :- Ritanshi Singh
Respondent :- State Of U.P. Thru Secy.Fisheries Civil Sectt.Lucknow & Ors.
Counsel for Petitioner :- Shrikant Misra
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Shrikant Misra, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this petition the petitioner has prayed following relief :
"I. To issue a writ, order or direction in the nature of Certiorari, quashing the order dated 28/03/2016, passed by the Chief Development Officer/Adhisasi Nidesak, Matasya Palak Vikas Abhikarn, Sultanpur (Opposite Party No.4), whereby he has declined the candidature of the petitioner for appointment on compassionate ground on the suitable post in fisheries Department/Matasya Palak Vikas Abhikarn, Sultanpur of Uttar Pradesh as per her qualification.
II. After quashing the impugned order dated 28/03/2016, passed by Chief Devlopment Officer Sultanpur/Executive Director, Matasya Palak Vikas Abhikarn, Sultanpur, issue a writ, order or direction in the nature of Mandamus, directing the Competent Authori /Opposite Parties to appoint the petitioner in the department compassionate ground on suitable post."
The learned counsel for the petitioner has submitted that the issue in question is no more res integra in view of the judgment and order dated 5.5.2021 of the Full Bench of this Court in re: Service Single No. 14930 of 2017 : Km. Kalyani Mehrotra vs. State of U.P. & Ors. In the matter of Km. Kalyani Mehrotra (supra) the question referred are indicated in para 1 which reads as under :
"This Full Bench has been constituted upon orders of Hon'ble the Chief Justice pursuant to order dated 28.08.2017 passed by learned Single Judge in Writ Petition No.14930(S/S) of 2017 whereby the following two questions have been referred to this Bench:
(i) Whether in view of the provisions of Government Order dated 17.3.1994, particularly clause 9 thereof, the provisions of the Rules of 1974 would be application upon the employees of DRDA?
(ii) Whether the judgment of Division Bench in State of U.P. vs. Ajeet Kumar Shahi, Special Appeal No.714 of 2015, requires reconsideration in light of the Government Orders dated 17.3.1994 and 18.7.2016?"
Vide para 63 the aforesaid questions were answered as follows :
"63. Consequently, the questions referred to this Bench are answered as follows :
Question No.1: In view of the provisions of Government Order dated 17.03.1994, particularly clause 2(9), the provisions of the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 would be applicable upon employees of the District Rural Development Agency:
Question No.2: The judgment of Division Bench in Ajeet Kumar Shahi (Supra) having been passed in ignorance of Government Order dated 17.03.1994 is held not to be a good law and is, therefore, overruled."
Learned Standing Counsel has not disputed this fact that the similar issue has been set at rest vide judgment and order dated 5.5.2021 passed by the Full Bench of this Court in re: Km. Kalyani Mehrotra (supra), therefore, in view of the above the present writ petition is decided finally in terms of judgment and order dated 5.5.2021 passed by the Full Bench of this Court in re: Km. Kalyani Mehrotra (supra) and benefit thereof be extended to the present petitioner.
In view of the above the concerned authority i.e. Chief Development Officer / Adhisasi Nideshak, Matsya Palak Vikas Abhikaran, Sultanpur should re-consider the claim of the petitioner in the light of the decision in re: Km. Kalyani Mehrotra (supra).
Accordingly, the writ petition is allowed.
A writ in the nature of certiorari is issued quashing the impugned order dated 28.3.2016, Annexure no. 1.
A writ in the nature of mandamus is issued commanding the opposite party i.e. opposite party no. 4 to consider the case of the petitioner for compassionate appointment in view of the law laid down by the Full Bench of this Court vide judgment and order dated 5.5.2021 expeditiously within a period of two months from the date of production of certified copy of the order of this Court.
Order Date :- 4.8.2021
Om
(Rajesh Singh Chauhan, J.)
