Ashish Verma vs Union Of India And 2 Others
2022 Latest Caselaw 10442 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 831 of 2022
 

 
Petitioner :- Ashish Verma
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Chakshuvendra Pachauri
 
Counsel for Respondent :- A.S.G.I.,Krishna Deo Rai
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Petitioner is aggrieved that his father, as a Class-IV employee, died in harness on 18.08.2015 however the application for compassionate appointment dated 09.09.2016 has not been decided.

2. Considering the grievance of petitioner this Court passed order on 04.05.2022 and the relevant part is mentioned hereinafter:

"In view of the above, the petitioner is directed to file a fresh representation along with all the documents so advised as well as certified copy of this order before the respondent no.2, i.e. HQ Chief Engineer, Lucknow Zone Military Engineer Service, 17 Cariayappa Marg, Lucknow, raising all his grievances within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same, after looking into the hardship of the petitioner, in accordance with law, by reasoned and speaking order, preferably within a period of two months from today."

3. Learned counsel appearing of respondents, on instruction, submits that the matter is under consideration, however, there are certain dispute with regard to date of birth of petitioner mentioned in service book and the documents submitted by petitioner.

4. Learned counsel for petitioner submits that all the documents available have already been forwarded and in case there is any difference in date of birth the documents submitted by petitioner may be relied on.

5. The claim of petitioner for compassionate appointment has already been delayed which is against the direction of Supreme Court in Malaya Nanda Sethy vs. State of Orissa and others, 2022 SCC OnLine SC 684 that such application ought to be decided maximum within six months. Therefore, it is expected that respondents shall take appropriate decision within a period of one month from today taking note of the judgment passed by Supreme Court in The Government of India and others vs. P. Venkatesh, (2019) 15 SCC 613.

6. So far as difference in date of birth is concerned, the respondents may consider the documents available with petitioner in accordance with law, if there is no other legal impediment.

7. With the aforesaid observation the writ petition is disposed of.

Order Date :- 17.8.2022

AK