Court No. - 6
Case :- WRIT - A No. - 25240 of 2018 Petitioner :- Anita Mishra Respondent :- Vice Chancellor, Banaras Hindu University And 2 Others Counsel for Petitioner :- I.P. Singh Counsel for Respondent :- Ajeet Kumar Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Ms. Pooja Agarwal, who appears for the respondents.
This petition challenges an order dated 23 June 2018 as well as the order dated 22/23 September 2017. By these two orders, the claim of the petitioner for appointment on compassionate grounds has been negatived with the respondents holding that on the date of death of the deceased employee, the petitioner was more than 30 years of age. The respondents further take the position that in terms of the Resolution of the Executive Council, no provision for relaxation of age exists.
However, learned counsel for the petitioner has referred the Court to the Rules regarding appointment on compassionate grounds in the university as published in terms of the Resolution of the Executive Council aforementioned to submit that a specific clause for relaxation in an appropriate case does exist. The existence of this clause, which appears at Page-52 of the paper book could not be disputed by Ms. Agarwal, who appears for the respondents. Consequently and since only this particular issue has been canvassed before this Court, the Court is of the view that no useful purpose would be served in keeping this petition pending on the Board of this Court or for inviting any counter affidavits.
Accordingly, this petition shall stand disposed of with a direction to the respondent to reconsider the claim of the petitioner in accordance with law and the second-respondent shall also take into consideration the provision for relaxation, which has been referred to by the learned counsel for the petitioner. All other contentions on merits are left open. The exercise of consideration shall be concluded by the second- respondent with expedition and preferably within a period of two months from the date of presentation of a certified copy of this order. The order impugned herein shall abide by the fresh decision which the respondent shall now take.
Accordingly, this petition shall stand disposed of in the light of statement as noted above.
Order Date :- 30.11.2018 cks