Court No. - 16
Case :- WRIT - A No. - 6744 of 2018 Petitioner :- Nitin Joseph Masih Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nikhilesh Kumar Chaudhary,Deepak Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's father was Assistant Teacher in a minority institution, who has died in harness in the year 2006. A claim for grant of compassionate appointment was raised upon which the District Inspector of Schools appeared to have called for comments and for necessary resolution by the Management of the institution. The Management, however, does not appear to have responded. Attention of the Court is invited to letters of District Inspector of Schools, Mainpuri, dated 12.5.2016 and 12.10.2017. The communication of District Inspector of Schools further records that in case appropriate action is not taken, the authorities would proceed in accordance with law. Despite all such communication, the claim of petitioner is yet to be examined.
Learned Standing Counsel appearing for the State authorities submits that the authorities shall proceed in the matter in accordance with law.
Considering the nature of order proposed to be passed notices are not being issued to respondent no.3 and this petition is being disposed of at this stage itself.
In the facts and circumstances, it would be appropriate to permit the petitioner to approach respondent no.2 in respect of his grievance, noticed above, alongwith certified copy of this order, within a period of two weeks from today. In case such a claim is raised, respondent no.2 shall proceed further in accordance with law and appropriate decision as may be warranted in law would be taken within a period of four months thereafter. Needless to say that before passing any order by the respondent no.2, due opportunity would be afforded to respondent no.3 institution.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 26.2.2018 Ashok Kr.