Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 205 of 2019 Appellant :- Km. Neelu Rawat Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Sanjay Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
The appeal is beyond time by 11/13 days. The delay is sufficiently explained in the affidavit.
Accordingly, we are satisfied with the explanation and condone the delay in filing the appeal.
Delay condonation application no.1 of 2019 is allowed.
The brother of the petitioner-appellant died in harness therefore, she applied for compassionate appointment. When the application of the petitioner-appellant was not considered, she preferred writ petition, seeking a direction that her representation regarding compassionate appointment directed to be decided by the authority concerned.
The petition has been dismissed by the impugned order dated 29.11.2018 as the petitioner-appellant has not made any averment that the wife of the deceased or his other legal heirs have not claimed compassionate appointment.
The aforesaid are the matters to be considered by the authority concerned while considering the claim of the petitioner- appellant for grant of compassionate appointment.
In view of the aforesaid facts and circumstances of the case, we are of the view that the writ court failed to exercise the discretion in favour of the petitioner-appellant and as such, the order impugned dated 29.11.2018 is set aside and a direction is issued to the authority concerned that is respondent no.2- Executive Engineer/Appointing Authority Belan Nahar Sichai Colony Govindpur, Allahabad to consider and decide the representation of the petitioner-appellant dated 12.10.2018 in accordance with law most expeditiously, if possible, within the next three months from today.
Accordingly, the appeal is allowed and the writ petition stands disposed of.
Order Date :- 28.2.2019 Abhilash