Prasant Soni vs State Of U.P. And 2 Others
2021 Latest Caselaw 9681 ALL

Citation : 2021 Latest Caselaw 9681 ALL
Judgement Date : 5 August, 2021

Allahabad High Court

Prasant Soni vs State Of U.P. And 2 Others on 5 August, 2021

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 15110 of 2020
 

 
Petitioner :- Prasant Soni
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Om Prakash Chaurasia
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 13.10.2020, whereby the petitioner has been called upon to apply for consideration for appointment on Class-IV post only and not under Class-III post on compassionate grounds.

The fact is that the petitioner being an heir of Dr. Paritosh Kumar Verma, who died in harness on 30th May, 2020, applied for appointment in Class-III post on the ground that he had the requisite qualification for being considered for appointment on Class-III post. On the said request made by the petitioner, an order has been passed on 13.10.2020 on the ground that in case the petitioner chooses to apply for appointment on Class-IV, he may do so, however, his request for appointment on Class-III post cannot be considered in the light of the Government Order dated 18.5.2017.

The said Government Order came up for consideration before this Court in Writ-A No. 11840 of 2020 (Gangadhar Maurya Vs. State of U.P. and Others), which was decided on 18.12.2020, wherein this Court quashed the order passed on the same grounds and directed the re-consideration of the claim of the petitioner therein in accordance with law.

Following the said judgment, which also considered two other judgments, the order dated 13.10.2020 is quashed. It is directed that the claim of the petitioner for appointment on compassionate ground shall be considered in accordance with the rules and in accordance with the qualification, which the petitioner possesses ignoring the Government Order dated 18.5.2017. The said consideration shall be done expeditiously, preferably within a period of three months from the date of filing of a copy of this order before the respondent concerned.

The writ petition is disposed off.

Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.

Order Date :- 5.8.2021

S. Rahman