WPSS/402/2023
2023 Latest Caselaw 657 UK

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                                  WPSS No. 402 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Alok Mehra, learned counsel for the petitioner.

Mr. P.S. Bisht, learned Additional C.S.C. for the State of Uttarakhand.

Petitioner's father Late Yashvir Singh was serving as Head Master in Government Primary School, Tedaghat, Block Khatima, District Udham Singh Nagar at the time of his death. On 05.09.2018, after death of his father, petitioner applied for compassionate appointment.

Since no decision has been taken on his application, therefore, petitioner approached this Court, seeking the following relief:-

(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and grant appointment to the petitioner as per the educational qualification on a suitable post under the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 as adopted in State of Uttarakhand with all consequential benefits.

Learned State Counsel points out that there was an enquiry pending against petitioner's father that he secured appointment based on forged BTC Certificate; however, he admits that petitioner's father passed away before conclusion of the enquiry.

Learned counsel for petitioner, however, points out that no charge-sheet was even issued to petitioner's father before his death. He further submits that initially Departmental Authorities had declined to release terminal dues of petitioner's father, however, the dues were ultimately release pursuant to judgment dated 28.07.2020 rendered by coordinate Bench of this Court in WPSS No. 831 of 2019.

Without expressing any opinion on the merits of the claim raised by petitioner, this Court thinks that ends of justice would be met, if the Competent Authority in the Education Department is directed to look into the matter and take appropriate decision, as per law.

Accordingly, writ petition is disposed of with a direction to Director, Elementary Education to consider petitioner's claim for compassionate appointment, as per applicable Rules, and pass appropriate order, within eight weeks from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 16.03.2023 Aswal