Court No. - 6
Case :- WRIT - A No. - 13732 of 2020 Petitioner :- Bharat Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Anoop Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel.
The mother of petitioner died in harness on 14.07.2020. At the time of her death he was posted as Class IV employee. The petitioner has made application for grant of appointment on compassionate grounds on 16.07.2020 before the competent authority. The representation of the petitioner was forwarded by the respondent no. 2 to respondent no. 1 on 14.08.2020.
Sri Anoop Kumar Mishra, learned counsel for the petitioner contends that the application of the petitioner has not been decided till date. The purpose of appointment on compassionate ground assist the kin of deceased standing on the brink of financial destitution on account of death of sole earning member.
The only prayer made by learned counsel for the petitioner is that the application for grant of appointment on compassionate ground may be decided within a stipulated period of time.
Learned Standing Counsel does not dispute the fact that the application for grant of appointment on compassionate ground has to be processed and decided expeditiously in order to effectuate the legislative purpose.
Heard learned counsel for the parties.
Grant of appointment on compassionate ground is regulated by U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. The sole purpose of grant of appointment on compassionate ground is to enable the family of the deceased employee to tide over the immediate financial penury caused by the death of sole earning member. Any delay in considering the case for grant of appointment on compassionate ground would defeat the purpose of such appointments. The authorities are under obligation to decide such application in an expeditious time frame in accordance with law.
In the wake of the preceding discussion, matter is remitted to respondent No. 1-Commissioner, Commercial Tax, Vibhuti Khand, Gomti Nagar, Lucknow.
A writ in the nature of mandamus is issued commanding the respondent No. 1-Commissioner, Commercial Tax, Vibhuti Khand, Gomti Nagar, Lucknow, to execute the following direction:
The respondent No. 1-Commissioner, Commercial Tax, Vibhuti Khand, Gomti Nagar, Lucknow shall consider the representation of the petitioner for grant of appointment on compassionate ground within a period of four months from the date of receipt of a copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with a fresh copy of application and other supporting documents.
The computer generated copy of such order shall be self attested by the party concerned. 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.
The writ petition is disposed of finally.
Order Date :- 8.1.2021 Dhananjai