Court No. - 6
Case :- WRIT - A No. - 1225 of 2020 Petitioner :- Rajesh Kumar And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Neeraj Rai Counsel for Respondent :- A.S.G.I.
Hon'ble Pankaj Bhatia,J.
The present writ petition has been filed alleging that the father of the petitioner was employed in the University Works Department of Banaras Hindu University on the post of Beldar and died on 21.1.2013 while in service.
It is stated that after the death of the father, the mother (wife of the deceased) and two brothers namely petitioner Rajesh Kumar and one Sri Hari, elder brother survived. It is claimed that elder brother Sri Hari applied for grant of compassionate appointment on 1.10.2014, which was disposed of vide order dated 6.8.2016 stating that as the petitioner did not possess the requisite qualification of 10th pass, the case of Sri Hari cannot be considered and he was granted two years' time to obtain the requisite qualification of 10th pass. Meanwhile, the mother of the petitioner filed an application dated 5.10.2018 stating that the case of the petitioner Rajesh Kumar should be considered for grant of compassionate appointment instead of Sri Hari, the elder brother of the petitioner. The said application is pending consideration and the petitioners claim that despite the petitioner Rajesh Kumar possessing the requisite qualification, case of the petitioner is not being considered for appointment mainly on the ground that earlier an application filed by the brother of the petitioner has not been finally decided.
In view of the mandate of Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 particularly Rule 7, it is incumbent upon the respondents to consider the application filed by the petitioner Rajesh Kumar and duly supported by the mother of the petitioner. Thus, the writ petition is disposed off with a direction upon the Respondent No. 4 to pass an order in respect of the application filed by the Petitioner No. 1, Rajesh Kumar for grant of compassionate appointment without taking into consideration the fact that earlier an application was filed by the brother of the petitioner.
The said order shall be passed with all expedition within a period of six weeks from the date of filing of a web generated copy of this order before the Respondent No. 4.
This order has been passed in the presence of Smt. Puja Agarwal, Advocate, who appears on behalf of the Respondent-University and Sri D.K. Singh, Advocate, who appears on behalf of the petitioners and had argued in the matter at length very effectively.
Order Date :- 19.8.2021 vinay