Court No. - 58
Case :- WRIT - A No. - 19023 of 2018 Petitioner :- Gaurav Kumar Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Fuzail Ahmad Ansari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 7.9.2018:-
"Petitioner's mother, who was employed as Home Guard Volunteer, has died in harness on 28.8.2011. Petitioner's elder brother made a claim for grant of compassionate appointment, but he was not selected apparently for the reasons that his height was found short. Contention is that neither class IV appointment was offered to petitioner's brother, nor petitioner's claim has been examined for grant of compassionate appointment.
Learned Standing Counsel may obtain instructions, by the next date fixed. Put up in the additional cause list on 18.9.2018."
Learned Standing Counsel has obtained instructions, according to which, claim of petitioner's elder brother for grant of compassionate appointment was not considered as his height was found short and that there was no provision for considering claim of other son.
The object of grant of compassionate appointment is to enable the family of the deceased government servant to tide over the sudden difficulties created on account of death of sole bread- earner. In case elder son has been found not eligible on account of the fact that his height is short, there would be no difficulty in considering claim of petitioner for the purposes. No provision has been brought on record to the notice of the Court under which claim of petitioner would be barred under the Dying in Harness Rules, 1974. There is no provision that if claim of one family member is not accepted due to lack of eligibility, the claim of other person cannot be considered.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondents to consider petitioner's claim for grant of compassionate appointment on the post of Home Guard/class IV, in accordance with law, within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 18.9.2018 Ashok Kr.