SPA/438/2017
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Uttarakhand High Court

SPA/438/2017 on 13 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                         2025:UHC:3822-DB
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                               SPA No.438 of 2017
                               Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Judgment: (per: Hon'ble Manoj Kumar Tiwari, J.)

Mr. Devesh Bishnoi, learned counsel for appellant.

2. Ms. Lata Negi, learned counsel holding brief of Mr. Amar Murti Shukla, learned counsel for respondent.

3. This intra court appeal has been filed by Nagar Palika challenging the judgment dated 04.05.2017 passed by learned Single Judge in Writ Petition (S/S) No.844 of 2017. By the said judgment, writ petition filed by respondent was allowed and the order impugned in the writ petition dated 20.04.2017 was set aside. Impugned judgment is extracted below for ready reference:-

"The writ petition is disposed of with the consent of parties at the admission stage itself.

The mother of the petitioner was working as Sweeper. She died in-harness on 01.12.2016. Petitioner submitted an application seeking compassionate appointment. The case of the petitioner was considered. He was appointed to the post of Safai Nayak vide order dated 27.03.2017.

The order was amended on 27.03.2017 and the designation of the petitioner was changed from Safai Nayak to Sweeper.

2025:UHC:3822-DB It appears that anonymous complaint was received against the petitioner. A committee was constituted.

Thereafter, the petitioner's appointment was cancelled on 20.04.2017 vide Annexure No.9.

Petitioner has neither been heard during the course of inquiry proceedings nor he has been heard before the issuance of order dated 20.04.2017, thus, there is violation of principles of natural justice.

Petitioner should have been afforded reasonable opportunity of being heard before the issuance of the order dated 20.04.2017 (Annexure No.9).

Accordingly, the writ petition is allowed. Impugned Annexure No.9 dated 20.04.2017 is quashed and set-aside. Respondents are permitted to proceed with the matter, strictly, in accordance with law.

All the applications also stand disposed of accordingly."

4. Learned counsel for appellant submits that mother of respondent was serving as Sweeper, who died on 01.12.2016, therefore, respondent could not have been given compassionate appointment on the post of Safai Nayak, which is to be filled only by promotion of Sweeper. He further submits that it was later revealed that respondent's father was also employed in a Government institution, therefore, he was not entitled for compassionate appointment as per The U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

2025:UHC:3822-DB

5. He thus submits that compassionate appointment could not have been given on a post, which is to be filled only by promotion.

6. Learned Single Judge has set aside the order dated 20.04.2017 whereby respondent's appointment on the post of Safai Nayak was cancelled on the ground that respondent was not heard.

7. Having regard to facts and circumstances of the case, we modify impugned judgment and permit the appellant to take necessary steps by issuing a show cause notice to respondent. Respondent should be given at least three weeks time for giving reply to the show cause notice and any decision in the matter shall be taken only after considering the reply submitted by respondent and also the documents, if any, produced by him alongwith his reply.

8. Accordingly, special appeal stands disposed of.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 13.05.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.05.14 17:33:44 +05'30'