Allahabad High Court
Bushra Khanam vs State Of U.P. And 2 Others on 26 May, 2022
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 8159 of 2022
Petitioner :- Bushra Khanam
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sudhanshu Pandey
Counsel for Respondent :- C.S.C.,Devendra Kumar
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of present writ petition, the petitioner has prayed for following relief:
"a. issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 and 3 to consider the claim of the petitioner for appointment on any suitable post under Dying in Harness in place of her deceased father, within stipulated period."
Learned counsel for the petitioner submits that in the above regard, he has already moved an application before the concerned competent authority on 29.06.2021.
Learned Standing Counsel has no objection in case if an appropriate direction is issued to respondent no. 3 to take final call regarding grievance of the petitioner for compassionate appointment in a time bound period strictly in accordance with law.
It is a very unfortunate that petitioner's application for compassionate appointment has remained pending . The very purpose for offering compassionate appointment is to show compassion to the family that has arrived at a crisis due to sudden demise of sole bread winner and so unnecessary and undue delay in considering the application for compassionate appointment defeats the very purpose for which rules of compassionate appointment have been framed.
Learned counsel for the petitioner has relied upon the judgment of Supreme Court in the case of Malaya Nanda Sethy v. State of Orissa and Others passed in Civil Appeal No. 4103 of 2022, arising out of SLP (Civil) No. 936 of 2022, decided on 20th May, 2022, in which vide paragraph 9 the Supreme court has held thus:
"Before parting with the present order, we are constrained to observe that considering the object and purpose of appointment on compassionate grounds i.e. a family of a deceased employee may be placed in a position of financial hardship upon the untimely death of the employee while in service and the basis or policy is immediacy in rendering of financial assistance to the family of the deceased consequent upon his untimely death, the authorities must consider and decide such applications for appointment on compassionate grounds as per the policy prevalent, at the earliest, but not beyond a period of six months from the date of submission of such completed applications"
(emphasis added)
In view of above, this writ petition stands disposed of with direction to respondent no. 3 to look into and consider the application of the petitioner for compassionate appointment and pass appropriate orders within a period of two months from the date of production of certified copy of this order and if petitioner's claim found to be valid and genuine, he shall be offered compassionate appointment in accordance with law within a further period of six weeks.
Order Date :- 26.5.2022
Sanjeev
