Court No. - 43
Case :- WRIT - A No. - 21109 of 2015 Petitioner :- Dipak Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashish Kumar Nagvanshi,Amar Bahadur Maurya Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's father was murdered alongwith two other teachers in a naxalite attack. It appears that under the orders passed by the Principal Secretary to the then Chief Minister compassionate appointment was offered to family member of all three persons killed in the attack. The heirs of other persons were granted compassionate appointment but petitioner's claim at that stage was not considered as he was a minor. Subsequently, an application was made upon which certain guidance was sought from the State on the question as to whether class III appointment could be offered to petitioner or not. The matter apparently remained pending at that level without any order passed in that regard by the authority concerned. Petitioner is therefore before this Court with the grievance that respondents be directed to grant compassionate appointment to the petitioner.
A counter affidavit has been filed in which issuance of direction by the Principal Secretary to the then Chief Minister to grant compassionate appointment to dependants of the three teachers killed in naxalite attack is admitted.
Once the respondents have already taken a decision to grant compassionate appointment to heirs of three teachers who were killed in naxalite attack, the respondents were under an obligation to have considered the petitioner's claim for grant of compassionate appointment also. Merely because certain clarification was sought from the State Government would not be a valid ground to withhold petitioner's application for such reason, for unduly long.
In the facts and circumstances of the case, noticed above, this writ petition therefore stands disposed of with a direction upon the respondents to consider petitioner's claim for grant of compassionate appointment, in terms of the policy decision already taken by the respondents contained in the letter of the Principal Secretary to the then Chief Minister dated 13.8.1998, by passing a specific order, within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 29.5.2019 Ashok Kr.