Avtej Kumar vs State Of U.P. And 2 Others
2021 Latest Caselaw 189 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 13510 of 2020
 

 
Petitioner :- Avtej Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kushagra Vaibhav Singh
 
Counsel for Respondent :- C.S.C.,Bhupeshwar Dayal
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner's father was in the employment of respondent Meerut Development Authority, who has died on 29.8.2017. It is contended that petitioner's father had worked for 29 years against a regular post, but his services were regularized against a supernumerary post in the year 2011. Contention is that though a claim for compassionate appointment has been made before the competent authority but the Development Authority has not taken any decision in the matter. Reliance is placed upon judgment of this Court passed in Writ Petition No.66943 of 2015 to submit that heir of deceased employee, who are working against a supernumerary post also needs to be considered, in accordance with the applicable Rules of 1974.

Sri B. Dayal representing respondent nos.2 and 3 states that the competent authority shall take an appropriate decision, in accordance with law.

In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.2 to accord consideration to petitioner's claim for grant of compassionate appointment, as noticed above, in accordance with law. Petitioner shall be at liberty to annex all relevant materials in support of his claim, alongwith a copy of this order, within two weeks from today before the respondent no.2. An appropriate decision would be taken within a further period of three months, thereafter.

The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 5.1.2021

Anil