Allahabad High Court
Ram Singh vs State Of U.P. And 4 Others on 5 October, 2023
Bench: Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:191246
Court No. - 36
Case :- WRIT - A No. - 10440 of 2023
Petitioner :- Ram Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Phool Chandra Singh,Alok Singh,Sumitra Singh
Counsel for Respondent :- C.S.C,Ashok Kumar Singh,Awadhesh Kumar
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 Sri Ashok Kumar Singh, learned counsel appearing for the Respondents No. 2, 3 & 4.
2. Petitioner, through this writ petition has challenged the order dated 6.4.2023 whereby representation of the petitioner in respect of treating his compassionate appointment to be a regular appointment from the date of initial appointment, has been rejected.
3. Facts of the case, in brief, are that the father of the petitioner, while working on the post of Peon, died in harness and thereafter petitioner was appointed on compassionate ground on a Class-IV post on 1.7.1987 in Kanya Junior High School Ahara, Block Bankati, District Basti.
4. The initial compassionate appointment of the petitioner was on consolidated pay of Rs.350/- per month. Later on, services of the petitioner were regularised vide order dated 16.10.1996 and since then petitioner is being paid salary in the regular pay scale.
5. Learned counsel appearing for the petitioner has argued that it has already been well settled through catena of decisions of this court as well as of Hon'ble Supreme Court that compassionate appointment from the date of initial appointment has to be treated a regular appointment and appointee is entitled for payment of salary in a regular pay scale.
6. Learned counsel appearing for the petitioner has invited attention of this court towards the judgment and order dated 2.8.2023 passed by this court in Writ-A No. 6719 of 2023 (Praveen Kumar Vs. State of U.P. and 2 others), wherein identical issue has already been decided and it has been held that the compassionate appointment cannot be on a fixed pay and if a person has been appointed on compassionate ground on a fixed pay then it has to be treated as a regular appointment in regular pay scale from the date of initial appointment.
7. On the other hand, Sri Ashok Kumar Singh, learned counsel appearing for the Respondents No. 2, 3 & 4 has not disputed the claim of the petitioner as 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.
8. I have considered the submissions advanced by the learned counsels appearing for the parties and I find that the identical issue for which petitioner has filed 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 and, therefore, petitioner is also entitled for the benefit of the said judgment.
9. In view of the aforesaid reasons, this writ petition is allowed in terms of the judgment and order dated 2.8.2023 passed in Writ-A No. 6719 of 2023. The order dated 6.4.2023 passed by the Respondent No. 2-District Basic Shiksha Adhikari, Basti is quashed. Matter is remanded to the Respondent No. 2 to re-examine the matter afresh strictly in the light of the observations made in the judgment and order dated 2.8.2023 passed in Writ-A No. 6719 of 2023, expeditiously, preferably within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 5.10.2023
n.u.
