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Paras v. State Of U.P. And Others - WRIT - A No. 23799 of 2007 [2007] RD-AH 9654 (21 May 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the learned standing counsel. Both the parties have agreed to decide  the writ petition finally at this stage without inviting counter affidavit.

By this writ petition the petitioner has prayed for quashing the order dated 24.2.2007 Annexure-7 to the writ petition  by which the order the representation of the petitioner for compassionate  appointment  has been rejected. Petitioner's father was working as Helper Grade- I in Sinchai Workshop Izzatnagar, Bareilly. He died on 26.2.2006. The petitioner submitted an application for compassionate  appointment on 6.7.2006. Petitioner has also filed writ petition No. 55744 of 2006  which was disposed of  on 9.10.2006 directing the respondent to consider the claim of the petitioner within three months .  In pursuance of the order of this Court by order dated 9.10.2006, the petitioner's claim has been rejected taking the view  that there is no provision for compassionate  appointment  for the employee  working in Industrial establishment. The order impugned refers the  Government order  dated 23.11.2002, copy of which has been field as Annexure-13 to the writ petition.

A perusal of the  Government order  indicates that the said  Government order  withdrew the benefit earlier extended to employees working in the work charge establishment. The said  Government order  has no application in the petitioner's case since petitioner's father was not working as work charge employee. The respondent No.4, Sinchai Karyashala Khand, Izzatnagar, Bareilly is a Government workshop of the Irrigation Department and the  Government order  dated 23.11.2002 has no application. Learned counsel for the petitioner has placed reliance on a judgement of this Court dated 23.11.2004 in Writ Petition No.49521 of 2004 (Suresh Kumar Vs. Karya Prabandhak Sinchai Karyashala, Khand Ijjatnagar, Bareilly) which was also a case of identically situated petitioner. This Court set-aside the order and directed for consideration for appointment on compassionate ground. From a perusal of the impugned order, it is clear that the respondents have wrongly applied the  Government order   dated 23.11.2002 for rejecting the claim of the petitioner whereas the said  Government order  is not applicable.

In view of the above, the order impugned dated 24.2.2007  is set-aside. The respondent No.1 is directed to consider the claim of the petitioner for grant of compassionate appointment and decision of the said claim be taken expeditiously preferably within a period of three months from the date of production of a certified copy of this order .

The writ petition is disposed of with the aforesaid direction.  




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