Court No. - 2
Case :- WRIT - A No. - 6786 of 2019 Petitioner :- Pankaj Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendra Nath Singh,Sanjai Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioners, by the instant petition, are assailing the order dated 29 May 2018 passed by the third respondent, Superintendent of Police, Karmik, U.P. Police Head Quarter, Allahabad, rejecting the claim of the petitioner for compassionate appointment on the ground of delay and latches.
It is urged that father of the petitioner died-in-harness on 24 February 2003 leaving behind his wife, four daughters and a son (petitioner). Petitioner on attaining the age of majority in 2014 applied for compassionate appointment, however, without considering the claim of the petitioner on merit, the impugned order has been passed mechanically for the reason that the claim of the petitioner is beyond seven years. Reliance has been placed on the decision rendered by this Court in Antariksha Singh vs. State of U.P. and others (Writ-A No. 30675 of 2013) decided on 19 July 2018.
Learned Standing Counsel submits that a fresh order, on merit, shall be passed by the third respondent, in accordance with Rules.
Accordingly, the impugned order dated 29 May 2018 passed by the third respondent, Superintendent of Police, Karmik, U.P. Police Head Quarter, Allahabad, is set aside and quashed. The third respondent shall pass fresh order on merits in terms of decision rendered in Antariksha Singh (supra).
The writ petition is, accordingly, allowed.
Order Date :- 30.4.2019 S.Prakash