Court No. - 6
Case :- WRIT - A No. - 13650 of 2020 Petitioner :- Pramod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Sharma Counsel for Respondent :- C.S.C.,Awadhesh Kumar Malviya
Hon'ble Ajay Bhanot,J.
Heard Sri Sanjeev Kumar Sharma, learned counsel for the petitioner, Sri Awadesh Kumar Malviya, learned counsel for respondents No. 3 and 4 and learned Standing Counsel.
The mother of petitioner died in harness on 8.10.2019. At the time of her death she was safai karmi. The petitioner has made applications for grant of appointment on compassionate grounds on 30.12.2019 and 06.11.2020 before the competent authority.
Sri Sanjeev Kumar Sharma, learned counsel for the petitioner contends that the application of the petitioner has not been decided till date. The purpose of appointment on compassionate ground assist the kin of deceased standing on the brink of financial destitution on account of death of sole earning member. The only prayer made by learned counsel for the petitioner is that the application for grant of appointment on compassionate ground be decided within a stipulated period of time.
Learned Standing Counsel and Sri Awadhesh Kumar Malviya, learned counsel for respondents No. 3 and 4 do not dispute the fact that the application for grant of appointment on compassionate ground has to be processed and decided expeditiously in order to effectuate the legislative purpose.
Heard learned counsel for the parties.
Grant of appointment on compassionate ground is regulated by U.P. Dying in Harness Rules, 1974. The sole purpose of grant of appointment on compassionate ground is to enable the family of the deceased employee to tide over the immediate financial penury caused by the death of sole earning member. Any delay in considering the case for grant of appointment on compassionate ground would defeat the purpose of such appointments. The authorities are under obligation to decide such application in an expeditious time frame in accordance with law.
In the wake of the preceding discussion matter is remitted to the respondent No. 3 Executive Officer, Nagar Panchayat, Dildarnagar, District Ghazipur.
A writ in the nature of mandamus is issued commaning respondent No. 3 Executive Officer, Nagar Panchayat, Dildarnagar, District Ghazipur to execute the following directions:
Respondent No. 3/ Executive Officer, Nagar Panchayat, Dildarnagar, District Ghazipur shall decide the representation of the petitioner for grant of appointment on compassionate ground within a period of three months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with fresh copy of the representation and supporting documents, if any. The computer generated copy of such order be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The authority/ official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
With the aforesaid direction the writ petition is disposed of.
Order Date :- 8.1.2021 Nadeem Ahmad