Court No. - 3
Case :- WRIT - A No. - 19760 of 2018 Petitioner :- Mohan Kumar Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Samir Sharma Counsel for Respondent :- C.S.C.,Sunil Kumar Misra
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Sunil Kumar Misra, learned counsel for respondent nos. 2 to 6.
By way of present writ petition, the petitioner is seeking a writ of mandamus directing the respondent U.P. State Road Transport Corporation (hereinafter referred to as the 'Corporation') to include the name of the petitioner in the list of candidates finalized for compassionate appointment on the post of conductor in Meerut Region of the Corporation (out of 587 posts to be filled up by way of compassionate appointment). Further the petitioner is also seeking a writ of mandamus directing the Corporation to consider the case of the petitioner for compassionate appointment on one of 587 posts of conductors in accordance with provisions of the U.P. Recruitment of Government Dependants of Government Servants Dying in Harness Rules, 1974/Service Regulations framed by the Corporation.
The case of the petitioner is that the mother of the petitioner was an employee of the Corporation. During course of service, she died on 18.7.2014. After death of her mother, the petitioner applied for compassionate appointment in the Corporation vide application dated 1.11.2014. At the time of death of his mother, he was not qualified, therefore, he could not be given appointment in the Corporation. A Government Order dated 22.3.2016 was issued relaxing the ban on the compassionate appointment in the Corporation allowing the Corporation to give compassionate appointment on 1200 posts of conductors. In pursuance of the Government Order dated 22.3.2016, a Circular dated 8.8.2016 was issued, according to which, all the Regional Managers of the Corporation have been directed to prepare a list of eligible candidates. After passing the Intermediate Examination in the year, 2017, the petitioner submitted an application dated 19.9.2017 for compassionate appointment in the Corporation but he was not given appointment. Again in the year, 2018, the State Government has given approval for compassionate appointment allowing the Corporation to give compassionate appointment on 587 posts of conductors in the Corporation. Pursuant to the aforesaid approval, the Regional Manager of the Corporation, Meerut has prepared a list of eligible candidates having name of the petitioner and forwarded the same alongwith letter dated 17.3.2018 to General Manager (Personnel) Corporation, Headquarter, Lucknow for compassionate appointment. Ultimately, vide letter dated 27.8.2018 a list of candidates for compassionate appointment was prepared in which the name of the petitioner was not found. The petitioner has stated that he is entitled for compassionate appointment on the post of conductor and for the said purpose, he made a representation dated 5.9.2018 to the respondent no. 3 but the same has not yet been decided.
Sri Sunil Kumar Misra, learned counsel for the respondent Corporation submits that the list prepared by the Corporation is only a tentative list and the Corporation shall prepare the final list and representations of all the candidates including representation of the petitioner dated 5.9.2018 shall also be considered before finalizing the list of candidates for compassionate appointment on the post of conductor on 587 posts.
Considering the facts and circumstances of the case, with the consent of the parties, without adverting on the merits of the case, the petition is disposed of with a direction to respondent no. 3 to consider the representation of the petitioner dated 5.9.2018 before finalizing the list of candidates for compassionate appointment on the post of conductor on 587 posts.
Order Date :- 19.9.2018 Rmk.