Court No. - 39
Case :- WRIT - A No. - 17886 of 2019 Petitioner :- Amit Kumar Sharma Respondent :- The Director ( Personal Management @ Administration) Uppcl And 3 Others Counsel for Petitioner :- Bharti Kashyap,Niraj Kushwaha Counsel for Respondent :- Amit Krishna,Pranjal Mehrotra
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition, following orders were passed in the matter on 19.11.2019:-
"Petitioner's claim for grant of compassionate appointment has been rejected relying upon the Government Order, which defines 'family' for the purposes of payment of family pension. The order is assailed on the ground that definition of 'family' for the purposes of compassionate appointment would be in terms of 'U.P. Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974' and that the Government Order which regulates the payment of family pension would have no applicability in such circumstances.
Sri Pranjal Mehrotra, learned counsel appearing for the respondents prays for and is allowed a week's time to obtain instructions in the matter.
Post as fresh on 26.11.2019."
On the basis of instructions obtained, it is urged on behalf of the respondents that the authorities be permitted to revisit the issue.
Apparently the claim of petitioner has been rejected by relying upon a Government Order which defines the family for the purposes of family pension and would have no applicability for considering grant of compassionate appointment. This petition, therefore, stands dispose of with the direction upon respondent No.2 to examine petitioner's claim with reference to applicable provisions by passing a fresh order, within a period of two months from the date of presentation of a certified copy of this order. In order to facilitate fresh consideration of cause in accordance with law, the order impugned dated 20.02.2019 stands quashed.
Order Date :- 28.11.2019 Abhishek Singh