Mithilesh Singh vs State Of U.P. And 3 Others
2022 Latest Caselaw 11051 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 12244 of 2022
 
Petitioner :- Mithilesh Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Deep Chand Singh
 
Counsel for Respondent :- CSC
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned standing counsel for respondents.

Present petition has been filed seeking following relief:-

"I). Issue a writ, order or direction in the nature of mandamus directing the respondents' particularly respondent no. 2 to provide appointment to the petitioner in place of deceased father who dying in harness working as compounder/ pharmacist Veterinary Hospital Nebuwa Nauraangiya District Kushinagar."

Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner has filed representation dated 20.04.2022 before respondent No. 4 for his appointment on compassionate ground, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent No. 4 to decide the aforesaid representation within a stipulated time and grant appointment.

Learned standing counsel raised objection and submitted that father of petitioner died in the year 2017, therefore, in light of judgment of Apex Court in the matter of Government of India Vs. P. Venkatesh: 2019 (15) SCC, petitioner is not entitled for compassionate appointment after such an inordinate delay.

In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 4 to decide the representation of the petitioner dated 20.04.2022 in accordance with law maximum within period of three months from the date of submission of certified copy of this order. Petitioner is directed to annex photocopy of representation dated 20.04.2022 as well as judgment of Apex Court in the matter of Government of India Vs. P. Venkatesh: 2019 (15) SCC alongwith certified copy of this order.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 4 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 23.8.2022

Arvind