1. Heard learned counsel for the petitioner, learned standing counsel for respondent No.1 and Sri Rajendra Nath, learned counsel for respondent Nos.2 and 3.
2. Brief fact of the case is that father of the petitioner was working as daily wager in respondent No.2 department. On completion of satisfactory service, he claimed for regularization in service and ultimately in compliance of the judgment and order passed by this court in Writ Petition No.2739 (SS) of 2006 vide order dated 04.09.2009, the department considered the claim of father of the petitioner for regularization and vide order dated 01.12.2009 his service was regularized.
3. While working on Class IV post in the respondent department, father of the petitioner died on 26.03.2016. His wife claimed payment of retiral dues as well as for grant of appointment on compassionate ground. During pendency of the claim, wife also died on 17.04.2018. Thereafter, the petitioner moved an application for payment of post retiral dues and for appointment on compassionate ground on 05.06.2019.
4. Submission of learned counsel for the petitioner is that the application for consideration of claim of the petitioner for retiral dues and for appointment on compassionate ground is lying pending consideration before respondent No.2 and no order whatsoever has been passed till date. He submitted that under the rules applicable and adopted by the respondent - department, the petitioner is entitled for consideration of his claim.
5. His next submission is that due to non payment of retiral dues to the heirs of father, the entire family is suffering great hardship and they are not able to meet out day to day affairs of the family. He further submitted that there is no rational justification on the part of the respondents in keeping the matter tight and not taking decision.
6. On the other hand, learned counsel for the respondent - Nagar Panchayat submitted that in case the claim of the petitioner is lying pending consideration, the same shall be considered and appropriate order shall be passed within a reasonable period.
7. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.
8. On perusal, it is reflected that father of the petitioner was Class IV employee and was regularized in service vide order dated 01.12.2009. In view of the fact that retiral dues and claim for appointment on compassionate ground are lying pending consideration before respondent No.2 and learned counsel for the parties have agreed for final disposal of the petition, no useful purpose will be served in keeping the writ petition pending.
9. Accordingly, the writ petition is finally disposed of with liberty to the petitioner to file a fresh comprehensive representation enclosing necessary documents within two weeks from today before respondent No.2 ventilating all his grievances, who shall consider the same and shall pass appropriate reasoned and speaking order after affording opportunity of hearing to the petitioner within a period of six weeks from the date of production of a certified copy of this order.
Order Date :- 22.1.2021 Adarsh K Singh