Allahabad High Court
Abhishek Srivastava vs State Of U.P. And 4 Others on 6 October, 2023
Bench: Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:192981
Court No. - 36
Case :- WRIT - A No. - 16783 of 2023
Petitioner :- Abhishek Srivastava
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Bharat Garg,Rajesh Kumar
Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria
Hon'ble Manjive Shukla,J.
1. Heard Sri Ram Krishna Patel, Advocate holding brief of Sri Rajesh Kumar, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No.1, 2 and 3 as well as Sri Shivendra Singh Bhadauria, learned counsel appearing for the Respondents No.4 and 5.
2. Facts of the case, in brief, are that father of the petitioner, while working on the post of Assistant Teacher in primary school run by the Uttar Pradesh Basic Shiksha Parishad in district Fatehpur, died in harness 23.5.2021. Petitioner immediately after the death of his father, submitted an application for his compassionate appointment on 3.7.2021.
3. Learned counsel appearing for the petitioner has submitted that father of the petitioner died due to Covid-19 pandemic while he was on election duty. Learned counsel appearing for the petitioner has invited attention of this court towards the Government Order dated 2.11.2021, whereby the State Government taking into account the extraordinary situation arising out of Covid-19 pandemic, issued direction to all the authorities to consider the cases of compassionate appointment expeditiously.
4. Learned counsel appearing for the petitioner has argued that matter of the petitioner for compassionate appointment is pending since year 2021 and has not been decided till date.
5. Sri Shivendra Singh Bhadauria, learned counsel appearing for the Respondents No.4 and 5 has very fairly submitted that the ends of justice would be served if a direction is issued by this court to the Respondent No.4 to consider and decide the petitioner's case for compassionate appointment within a fixed time frame.
6. I have considered the submissions advanced by the learned counsels appearing for the parties and I find that application for compassionate appointment of the petitioner is pending before the respondents since year 2021 and has not been decided till date. This court as well as the Hon'ble Supreme Court in catena of judgments have already categorically held that applications for compassionate appointment are to be taken up on urgent basis and there should not be any delay in considering the cases for compassionate appointment.
7. In view of the aforesaid reasons, this writ petition is finally disposed of with direction to the Respondent No.4 to consider and decide the case of the petitioner for compassionate appointment within a period of two months from the date of service of certified copy of this order.
Order Date :- 6.10.2023
Salim
