Court No. - 36
Case :- WRIT - A No. - 7091 of 2021 Petitioner :- Anil Kumar Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh,Pankaj Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Present writ petition has been preferred for a direction to respondents to consider the claim of the petitioner for compassionate appointment and for a further direction to respondents to release all pensionary benefits including gratuity, encashment and other benefits.
The record in question reflects that the father of the petitioner working on the post of Tube Well Operator under the Office of Executive Engineer, Nalkoop Division Second, Distt. Ballia died-in-harness on 6.12.2019. Consequently, the petitioner being fully eligible applied for compassionate appointment in place of his father but the same has not been given till now. It is also contended that the mother of the petitioner has also made several representations to release all the pensionary benefits but the same has also not been adhered to as yet. It is contended that though the Executive Engineer, Nalkoop Khand-Second, Ballia has passed an order on 14.8.2020, appended as Annexure No.6, for according pensionary benefits but till date not a single penny has been paid by the department.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of asking the authority concerned to pay the admissible amount qua retiral benefits within two months. The respondents are also directed to process the claim of the petitioner for compassionate appointment in accordance with law within the same period.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 SP/