Court No. - 58
Case :- WRIT - A No. - 12839 of 2018 Petitioner :- Abdul Bari Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarita Singh,Ajay Kumar Singh Counsel for Respondent :- C.S.C.,Anil Kumar Srivastava,Mrigraj Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was granted compassionate appointment on the post of Assistant Teacher on account of death of his mother in harness on 15.10.2009. Father of the petitioner was also in employment, who had pre-deceased petitioner's mother on 24.6.2009. A compassionate appointment was granted to petitioner on 31.12.2009. After having worked for nearly nine years an order of suspension has been passed against the petitioner on the ground that petitioner had suppressed the fact that his father was already in employment.
Learned counsel for the petitioner submits that the petitioner has already clarified before the authority that father of the petitioner has pre-deceased his mother, and therefore, the objection sought to be raised against the appointment of petitioner is wholly misconceived. The authorities, however, have proceeded to pass the order of suspension relying upon the Government Order dated 4.9.2000, para 3(1) whereof provides that a compassionate appointment would not be granted to dependent of a deceased employee if the other parent (spouse of deceased) is already employed.
From the materials brought on record, this Court finds that clause 3(1) of the government order apparently would have no applicability in the facts of the present case, inasmuch as petitioner's father is stated to have died prior to death of petitioner's mother. Compassionate appointment has been granted to petitioner consequent upon death of his mother. On the date of death of petitioner's mother his father was not alive, and therefore, the contingency dealt with by clause 3(1) of the government order apparently has no play in the matter.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondents to conclude the enquiry, within a period of three month from the date of presentation of certified copy of this order, in accordance with law. Petitioner, however, shall continue in service and shall be entitled to his salary. The order to place the petitioner under suspension shall remain in abeyance till conclusion of the enquiry.
Order Date :- 28.5.2018 Ashok Kr.