Court No. - 2
Case :- WRIT - A No. - 6736 of 2019 Petitioner :- Mohit Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties. The writ petition is being decided without calling for counter affidavit at the admission stage with the consent of the parties.
Petitioner is the son of ex-employee, constable in civil police, who died- in-harness on 8 June 2011. Petitioner being minor, on attaining the age of majority, filed an application for compassionate appointment. By the impugned order dated 1 January 2019 passed by the fourth respondent, Superintendent of Police, Firozabad, the case of the petitioner for compassionate appointment has been rejected merely on the ground of laches that the petitioner has filed the application for compassionate appointment after five years and one week.
Learned counsel for the petitioner has placed reliance on the decision of this Court rendered in Intazaar Ahmad Versus State of U.P. and other (Writ-A No. 6629 of 2012) decided on 26 September 2014 decided in terms of the Full Bench judgment of this Court in Shiv Kumar Dubey Versus State of U.P., 2014(2) ADJ 312.
Learned Standing Counsel, on being confronted with the judicial precedent, submits that the case of the petitioner for compassionate appointment shall be considered afresh on merit.
In view thereof, the writ petition succeeds and is allowed in terms of the decision rendered by this Court in Intazaar Ahmad Versus State of U.P. and other (Writ-A No. 6629 of 2012) decided on 26 September 2014. The impugned order dated 1 January 2019 passed by the fourth respondent, Superintendent of Police, Firozabad, is set aside and quashed. The fourth respondent is directed to pass afresh order expeditiously within two months from the date of receipt of certified copy of this order along with the writ petition.
Order Date :- 30.4.2019 K.K. Maurya