Allahabad High Court
Shubham Mishra vs State Of U.P. And 5 Others on 2 February, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:18384
Court No. - 36
Case :- WRIT - A No. - 23731 of 2014
Petitioner :- Shubham Mishra
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- S.D. Shukla
Counsel for Respondent :- C.S.C.,R.P. Singh
Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri Adarsh Singh, learned counsel for petitioner and Shri Manvendra Singh, learned counsel for respondent no. 5.
In the present writ petition following order dated 21.14.2014 passed by District Basic Education Officer, Mainpuri, is impugned and relevant part thereof is reproduced hereinafter:
" ??????? ????? ???? ????? ???????? ???????? ????? ????? ???? 5 ????? ???? ??????? ??? ????? ??????? ?? ?? ?? ??????? ??? ????? ??????? ?? ????? ?????? 08.04.2009 ??? ?????? ?? ???? ??? ???? ?????? ?? ???????? ?? ?? ?????? ????? ?? ?? ???????? ???? ????? ???? ????????????? ???????? ??? ???????? ???? ??? ??? ?? ?? ???????? ??? ?????? 15.01.2014 ?? ??????? ??? ??? ?? ?? ???? ???? ????? ????? ?????? ???????? ???? ????? ?????? ??????? ??????? ??? ??????? ?? ?? ?? ??????? ??? ?? ?? ?? ???? ?????? ?? ?? ?? ???? ???? ?? ???? ?? ??? ??? ???????? ?????? 5193/15-5-2000-400(222)/99 ?????? 04 ??????? 2000 ?? ??? ?? ???? ?????? ?? ?????? ??? ???? ??? ???
??? ???????? ???????? ????????? ???????? ?? ?????? ??? ??? ???? ???? ?????? ???? ???? ???"
Learned counsel for petitioner submits that the aforesaid fact that petitioner's father was working is not denied, however, subsequently he has placed an affidavit of dissolution of marriage between petitioner's father and his mother on 07.05.2002, in order to show that her father was not taking care.
Learned counsel for petitioner submits that this document was not placed at the time when claim of the petitioner was considered. Learned counsel fairly submits that if the law of compassionate appointment is strictly considered the petitioner may have no case, since mother of petitioner died in the year 2009 and the purpose to tied over immediate crisis may not be available, however, since petitioner's claim was rejected in 2014 and he rushed to this Court in the same year, however the matter remained pending and has been finally heard today, therefore claim of petitioner may be considered in a sympathetic manner.
Learned counsel for respondent submits that there are various judgments of Supreme Court that at a belated stage compassionate appointment may not be granted since it is not an absolute right.
In the aforesaid circumstances, taking note that the petitioner has rushed this Court in the year 2014 i.e. within five years of death of his mother and his writ petition remained pending before this Court and in between though it was dismissed for want of prosecution on 15.12.2022 and was later on restored on 19.12.2023, still petitioner's claim may be considered sympathetically taking note of factum of dissolution of marriage of his mother and father.
In the aforesaid circumstances, claim of petitioner is remitted to concerned respondent to consider it fresh taking note of Fertilizers and Chemicals Travancore Ltd. and others vs. Anusree K.B., 2022 SCC OnLine SC 1331, Malaya Nanda Sethy v/s State of Orissa and Ors., 2022 SCC OnLine SC 684 and Bank of Baroda and others vs. Baljit Singh, 2023 SCC OnLine SC 745 expeditiously.
The impugned order is accordingly set aside.
This writ petiton is finally disposed of with aforesaid observation and direction.
Order Date :- 2.2.2024
Saurabh
