Allahabad High Court
Kunvarpal Singh vs State Of U.P. And 3 Others on 28 August, 2023
Bench: Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:174229
Court No. - 36
Case :- WRIT - A No. - 13565 of 2023
Petitioner :- Kunvarpal Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Anil Kumar Srivastava,Poonam Srivastava
Counsel for Respondent :- C.S.C.,Shad Khan
Hon'ble Manjive Shukla,J.
1. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No.1 as well as Mr. Shad Khan, learned counsel appearing for the Respondents No.2, 3 and 4.
2. Petitioner has filed this writ petition inter alia praying therein for the following reliefs:-
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.11.2022 passed by the respondent no.3 District Basic Education Officer, District Kasganj (which is Annexure No.8 to the writ petition).
ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to pay the retiral benefits i.e. leave encashment, group insurance, family pension, gratuity etc. with interest to the petitioner."
3. Facts of the case, in brief, are that the father of the petitioner while working on the post of the Head Master in Primary School Bichola (Siddhapura) died in harness on 22.10.1998. Petitioner was appointed on compassionate ground on class IV post on a consolidated pay on 9.4.1999.
4. Petitioner was granted regular pay scale of the Class IV post vide order dated 14.2.2008. Petitioner after working on Class IV post has retired from service on 31.1.2019.
5. Petitioner filed a representation on 1.11.2021 whereby he requested to the District Basic Education Officer, Kasganj to treat his compassionate appointment as a regular appointment in the regular pay scale with effect from the date of his initial appointment i.e. with effect from 9.4.1999 and to pay consequential service benefits and retiral benefits. Since nothing was done on the part of the District Basic Education Officer, Kasganj, petitioner filed Writ-A No.9733 of 2021 and this Court vide order dated 11.8.2021 disposed of the writ petition with direction to the concerned authority to decide the representation submitted by the petitioner. The District Basic Education Officer, Kasganj in compliance of this court's order dated 11.8.2021 passed in Writ-A No.9733 of 2021 has rejected the petitioner's representation vide order dated 10.11.2022.
6. Petitioner through this writ petition has challenged the aforesaid order dated 10.11.2022 passed by the District Basic Education Officer, Kasganj.
7. Learned counsel appearing for the petitioner has submitted that this court has already decided identical issue vide judgment and order dated 2.8.2023 passed in Writ-A No. 6719 of 2023 (Praveen Kumar vs. State of U.P. and others), wherein this court has held that compassionate appointment has to be treated a regular appointment from the date of initial appointment and the appointee is also entitled for payment of the salary in a regular pay scale from the date of initial appointment.
8. Learned counsel appearing for the Respondents No.2, 3 and 4 could not dispute that the identical issue has already been decided by this court vide judgment and order dated 2.8.2023 passed in Writ-A No. 6719 of 2023.
9. I have considered the submissions advanced by learned counsels appearing for the parties and I find that issue involved in this writ petition has already been decided by this court vide judgment and order dated 2.8.2023 passed in Writ-A No. 6719 of 2023 (Praveen Kumar vs. State of U.P. and others).
10. In view of the aforesaid circumstances, this writ petition is allowed in terms of the judgment and order dated 2.8.2023 passed in Writ-A No. 6719 of 2023 (Praveen Kumar vs. State of U.P. and others). The order dated 10.11.2022 passed by the District Basic Education Officer, Kasganj, is quashed.
11. Respondent No.3 is directed to re-consider the matter afresh in the light of the law laid down by this court vide judgment and order dated 2.8.2023 passed in Writ-A No. 6719 of 2023 (Praveen Kumar vs. State of U.P. and others) and to pass fresh order within a period of two months from the date of service of certified copy of this order.
Order Date :- 28.8.2023
Salim
