Allahabad High Court
Rajesh Kumar Ojha And 3 Others vs State Of U.P. And 3 Others on 4 October, 2023
Bench: Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189980
Court No. - 36
Case :- WRIT - A No. - 16579 of 2023
Petitioner :- Rajesh Kumar Ojha And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Akhilesh Kumar Singh
Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh
Hon'ble Manjive Shukla,J.
1. Heard learned counsel appearing for the petitioners, learned Standing Counsel appearing for the Respondents No. 1 & 2 as well as Sri Sanjay Kumar Singh, learned counsel appearing for the Respondents No. 3 & 4.
2. Petitioners, through this writ petition, have challenged the orders dated 23.8.2023 passed by the Secretary, U.P. Basic Education Board, Prayagraj, whereby their cases for compassionate appointment on Class-IV post have been rejected.
3. Learned counsel appearing for the petitioners has invited attention of this court towards the judgment and order dated 18.7.2023 passed by this court in Writ-A No. 8741 of 2023 (Subhash Chand Vs. State of U.P. and three others) and has submitted that identical issue has been decided by this court and, therefore, petitioners are entitled for the benefit of the said judgment.
4. Learned counsel appearing for the petitioners has further submitted that the issue involved in Writ-A No. 8741 of 2023 is identical to that of the issue involved in the present writ petition.
5. Learned counsel appearing for the petitioners has also invited attention of this that several identically placed persons have already been granted compassionate appointment on Class-IV posts in different districts of the State of U.P.
6. On the other hand, Sri Sanjay Kumar Singh, learned counsel appearing for the Respondents No. 3 & 4, though initially tried to oppose this writ petition but could not dispute the fact that the issue which has been decided by this court vide judgment and order dated 18.7.2023 passed by this court in Writ-A No. 8741 of 2023, is identical to that of the issue involved in this writ petition and infact has consented that the identical issue has already been decided by this court.
7. I have considered the submissions advanced by the learned counsels appearing for the parties and I find that the identical issue for which the petitioners have filed this writ petition has already been decided by this court vide judgment and order dated 18.7.2023 passed by this court in Writ-A No. 8741 of 2023 and, therefore, petitioners are also entitled for the benefit of judgment and order dated 18.7.2023 passed in Writ-A No. 8741 of 2023 .
8. In view of the aforesaid reasons, this writ petition is allowed in terms of the judgment and order dated 18.7.2023 passed by this court in Writ-A No. 8741 of 2023. The order dated 23.8.2023 passed by the Secretary U.P. Basic Education Board, Prayagraj is quashed.
9. Matter is remanded to the Secretary U.P. Basic Education Board, Prayagraj to consider the cases of the petitioners of compassionate appointment on Class-III/ Class-IV posts, in accordance with the observations made in judgment and order dated 18.7.2023 passed by this court in Writ-A No. 8741 of 2023 and the directions issued by this court vide judgment and order dated 25.7.2012 rendered in Writ-A No. 33828 of 2012, within two months from the date of presentation of certified copy of this order.
Order Date :- 4.10.2023
n.u.
