Vikas Kumar Tiwari vs State Of U.P. And 4 Others
2022 Latest Caselaw 18183 ALL

Citation : 2022 Latest Caselaw 18183 ALL
Judgement Date : 21 November, 2022

Allahabad High Court

Vikas Kumar Tiwari vs State Of U.P. And 4 Others on 21 November, 2022

Bench: Vikram D. Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- WRIT - A No. - 19021 of 2022
 
Petitioner :- Vikas Kumar Tiwari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Rajesh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

It is submitted by learned counsel for the petitioner that the father of the petitioner was working on the post of Constable in the Police Department and he expired on 27.7.2014 and thereafter the petitioner has filed an application for compassionate appointment, however, till date no decision has been taken. It is further submitted by learned counsel for the petitioner that the Rules with regard to compassionate appointment on the death of the employee would have to be taken into consideration by the employer while considering the claim of the petitioner for compassionate appointment. In this respect, the petitioner has relied upon to the judgment of the Apex Court in The Secretary to Govt. Department of Education (Primary) & Ors. Vs. Bheemesh Alias Bheemappa [Civil Appeal No. 7752 of 2021) decided on 16.12.2021 to submit that the claim is required to be considered in accordance with the Rules as are applicable on the date of death of the father of the petitioner.

Learned counsel for the respondents does not dispute the aforesaid proposition of law laid down by the Apex Court.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, it is hereby directed that the claim for compassionate appointment of the petitioner shall be considered by the respondent no. 3 in accordance with law within a period of three months from the date of production of certified copy of this order. Learned counsel for the petitioner is further permitted to produce before respondent no. 3 the judgment of the Apex Court as detailed hereinabove and the respondent no. 3 while passing the order shall take into consideration that under Article 144 of the Constitution of India the authorities are directed to act in aid of the judgment of the Hon'ble Supreme Court.

With the aforesaid observation/direction, writ petition is disposed of.

Order Date :- 21.11.2022

VMA