Himanshu Yadav vs Honble High Court Of Judicature At ...
2022 Latest Caselaw 1089 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 2063 of 2022
 

 
Petitioner :- Himanshu Yadav
 
Respondent :- Honble High Court Of Judicature At Allahabad Thru. Its Registrar General And Another
 
Counsel for Petitioner :- Ankit Kumar,Shobhit Mohan Shukla
 
Counsel for Respondent :- Gaurav Mehrotra
 

 
Hon'ble Irshad Ali,J.

1. Heard learned counsel for the petitioner and Sri Vijay Dixit, learned counsel for the respondents.

2. Brief facts of the case are that the father of the petitioner Late Sri Tej Bahadur Yadav, while working on Class-III post in District Judgeship, Balrampur, died in harness on 10.2.2019. The petitioner being dependent upon his father, has been granted appointment on compassionate ground on Class-IV post and in pursuance thereof, he joined the department.

3. Submission of learned counsel for the petitioner is that the petitioner he has done B.Tech., therefore, he is fully eligible and qualified for appointment in Class-III post, in spite of that, he has been offered a Class-IV post. He submits that he has represented his claim vide representation annexed at Annexure-6 to the writ petition, which is pending consideration and no order has been passed till date. He submits that in case direction is issued for consideration of his claim for appointment in Class-III post, justice would be met.

4. On the other hand, learned counsel for the respondents, by relying upon a judgment in the case of Iqbal Khan Vs. State of U.P. & Others [2022 SCC OnLine All 189], submits that compassionate appointment is not provided as a matter of right. Once considering the hardship of the petitioner, he has been offered appointment on Class-IV post, now he has no right for enhancement of his post.

5. I have considered the submission advanced by learned counsel for the parties and perused the material on record.

6. It is not disputed that the appointment on compassionate ground is made to meet out the hardship of the family. It depends on so many grounds that whether the post of Class-III is available in the department or not, or Class-IV post is available, appointment is offered.

7. The judgment relied upon by learned counsel for the respondents is not disputed, but in the interest of justice, this writ petition is finally disposed of with the direction to the respondents to consider the claim of the petitioner, as has been agitated at Annexure-6 to the writ petition and pass appropriate order on the same within a period of six weeks from the date of production of certified copy of this order.

Order Date :- 11.4.2022

Gautam