Allahabad High Court
Vivekanand Shukla vs State Of U P And 2 Others on 13 July, 2022
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 9868 of 2022
Petitioner :- Vivekanand Shukla
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Seemant Singh
Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Vivek Varma,J.
Heard Sri Seemant Singh, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent no.1 and Shri Awadhesh Kumar, learned counsel appearing for respondent nos. 2 and 3.
With the consent of the parties, this writ petition is disposed of at the admission stage without calling for counter affidavit.
The instant writ petition has been filed seeking following relief:
"i. issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondents to consider the claim of the petitioner with respect to the compassionate appointment on Class II post in accordance with his qualification in any of the office of Basic Education Officer of the district Basti , on the basis of application dated 5.10.2019 made by the petitioner in the office of District Basic Education Officer, Basti for compassionate appointment on Class III post in accordance with his qualification, within stipulated period of time as fixed by this Hon'ble Court."
Learned counsel for the petitioner submits that the father of the petitioner was working as Headmaster in the Primary Vidyalaya, Saraiyya Tiwari, Block Saraiyya, District Basti. He died in harness on 30.06.2010. The petitioner was appointed as untrained Assistant Teacher on 30.8.3011. The appointment of the petitioner was subsequently cancelled on 12.9.2012. The petitioner preferred a writ petition No. 59648 of 2012. The said writ petition was dismissed by a coordinate Bench of this Court vide judgment and order dated 9.11.2012 with the direction as contained in the judgment and order dated 25.7.2012 passed in Civil Misc. Writ Petition No.33828 of 2012, Hari Shankar and others vs. State of U.P. and others. The Writ Court directed that the claim of the petitioner be considered against existing class III/IV vacancies except qua class III vacancies which were to be filled up by way of promotion, preferably within next two months.
The petitioner preferred a Special Appeal against the said judgment, the said appeal also came to be dismissed by a judgment and order dated 9.9.2021. Against the said judgment, Special Leave Petition was preferred. The Hon'ble Supreme Court vide judgment and order dated 17.1.2022 dismissed the Special Leave Petition.
It is urged that the petitioner has been representing for compassionate appointment in terms of the judgment rendered by the Writ Court which has attained finality However, no action has been taken by respondent no.2 till date.
It is also urged that the District Basic Education Officer, Basti vide letter dated 2.4.2022 sought certain clarification from the respondent no.2 with respect to compassionate appointment of the petitioner. However, no decision has been taken by the respondent no.2.
Counsel for the petitioner submits that the claim of the petitioner be considered by the respondent No.2.
Shri Awadhesh Kumar, learned counsel for respondent nos.2 and 3 submits that the claim of the petitioner shall be considered by the respondent no.2 and an appropriate order shall be passed in accordance with law within stipulated period.
Considering the facts and circumstances of the case, without entering into its merits, the present writ petition is disposed of with a direction to the respondent no.2- Uttar Pradesh Basic Education Board, Prayagraj to consider the claim of the petitioner for compassionate appointment and decide the representation of the petitioner dated 18.01.2022 by a reasoned and speaking order within four months from the date of production of a certified- computerized copy of this order.
Order Date :- 13.7.2022
SFH
