Shivam Dubey vs State Of U.P. And 2 Others
2021 Latest Caselaw 8659 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 7832 of 2021
 

 
Petitioner :- Shivam Dubey
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kushagra Vaibhav Singh,Pradeep Kumar Singh
 
Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan
 

 
Hon'ble Pankaj Bhatia,J.

Petitioner's father was in the employment of respondent Meerut Development Authority, who has died on 24.12.2010. It is contended that petitioner's father had worked for 25 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. Counsel for the petitioner has also placed on record the Government Order dated 7.8.2020 which is in consonance with the judgment of this Court in Writ Petition No. 66943 of 2015.

Sri Kuldeep Singh Chauhan 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 as laid down in Writ Petition No. 66943 of 2015 and Government Order dated 6.8.2020. 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.

It is further clarified that the judgment of this Court has come after the Government Order dated 4.1.2011, as such, the same shall not be in consideration while considering the candidature of the petitioner.

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 :- 26.7.2021

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