Mukesh Chandra vs State Of U.P. And 2 Others
2023 Latest Caselaw 17442 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:140720
 
Court No. - 36
 

 
Case :- WRIT - A No. - 9980 of 2023
 

 
Petitioner :- Mukesh Chandra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vinod Kumar Singh
 
Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava
 

 
Hon'ble Manjive Shukla,J.

1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for Respondent No.1 as well as Mr. Bhanu Pratap Singh Kachhawah, learned counsel appearing for Respondents No. 2 & 3.

2. Learned counsel for the petitioner has submitted that the father of petitioner died on 07.03.2004 while working as Assistant Teacher in a Primary School run by U.P. Basic Education Board.

3. It has been further submitted that the petitioner was given compassionate appointment as Class-IV employee on consolidated pay on 15.06.2004 and thereafter petitioner has been given regular Class-IV post and regular pay scale on 20.02.2015 and since then he is getting his salary regularly.

4. Learned counsel for the petitioner has argued that now this is well settled proposition of law through catena of judgments of the Hon'ble Supreme Court as well as of this Court that compassionate appointment should not be on consolidated pay rather it has to be always a regular appointment in regular pay scale.

5. In view of the aforesaid, learned counsel for the petitioner has vehemently argued that the petitioner is entitled to be appointed on regular pay scale on Class-IV post from the date of his initial appointment i.e. 15.06.2004.

6. Learned counsel for the petitioner has invited attention of this Court that in the aforesaid regard petitioner has already submitted a representation ventilating his grievance before District Basic Education Officer, Etah on 13.04.2023 which is annexed as Annexure No.3 to this writ petition but till date no decision has been taken on the said representation.

7. In view of the aforesaid reasons, this writ petition is finally disposed of with a direction to Respondent No.3 to consider and decide the representation of the petitioner within a period of one month from the date of production of certified copy of this order.

8. It is also provided that the Respondent No.3 while deciding the representation of the petitioner will also keep in mind the law laid down by the Hon'ble Supreme Court in respect of the compassionate appointment.

Order Date :- 14.7.2023

Gaurav