WPSS/327/2022
2022 Latest Caselaw 609 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 7TH DAY OF MARCH, 2022
                    BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) No. 327 of 2022

BETWEEN:
Keshav Yadav                                ... Petitioner
      (Mr. S.K. Mandal, Advocate)

AND:
State of Uttarakhand & others               ... Respondents
      (Mr. P.S. Bisht, learned Additional C.S.C. for the State of
      Uttarakhand and Mr. T.A. Khan, Senior Advocate assisted by
      Ms. D. Jaiswal, learned counsel for respondent nos. 2 & 3)

                        JUDGMENT

1. Petitioner is son of Late Sabru Yadav, who was employed as permanent Labour in Bajpur Cooperative Factory Ltd. Since Mr. Sabru Yadav died on 02.09.2017, during employment, therefore, petitioner applied for compassionate appointment on 19.09.2017. Petitioner thereafter made several representations to the Competent Authority, however, his application is still pending and no decision has been taken thereupon. Thus, feeling aggrieved, petitioner has approached this Court.

2. Mr. S.K. Mandal, learned counsel appearing for the petitioner submits that there is a policy regarding compassionate appointment applicable to employees of Bajpur Cooperative Sugar Factory Ltd., and as per the said policy, petitioner is entitled to be considered for compassionate appointment. Thus, according to the petitioner, inaction on the part of the authorities, in taking decision on petitioner's

application, is absolutely unjust. Learned counsel for the petitioner further submits that delay in making compassionate appointment defeats the very purpose of granting such appointment, as petitioner and family are living in a state of penury.

3. Mr. T.A. Khan, learned Senior Counsel appearing for Bajpur Sugar Factory Ltd. assures the Court that in case petitioner makes a fresh representation to respondent no. 2, decision thereupon will be taken very very expeditiously.

4. Accordingly, the writ petition is disposed of with liberty to petitioner to make fresh representation to respondent no. 2, within ten days from today. If such representation is made within stipulated time, enclosing therewith supporting documents, respondent no. 2 shall look into the matter and take appropriate decision, as per law, as early as possible, preferably within four weeks from the date of presentation of representation with this order.

(MANOJ KUMAR TIWARI, J.) Aswal