Court No. - 33
Case :- WRIT - A No. - 9470 of 2021 Petitioner :- Rakesh Kumar Rathaur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Neeraj Kumar Pandey Counsel for Respondent :- C.S.C.,Santosh Kumar
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for grant of compassionate appointment consequent upon the death of his brother is rejected by the District Basic Education Officer, Shahjahanpur vide his order dated 4.5.2020, which is assailed in this petition. This order records that the deceased teacher has died issue- less, leaving behind three brothers and two sisters. Although other brothers and sisters have given no objection for consideration of petitioner's claim for grant of appointment on compassionate ground but no such no objection has since been given by one of the brother i.e. Sandeep Kumar Rathore, therefore, petitioner's claim has been rejected.
Learned counsel for the petitioner states that Sandeep Kumar Rathore is already employed as Assistant Teacher in primary institution and, therefore, non submission of no objection certificate by him cannot be a ground for cancelling petitioner's claim for grant of compassionate appointment.
Sri Santosh Kumar, learned counsel appearing for respondent District Basic Education Officer states that the claim of petitioner shall be reconsidered in light of the provisions contained in 'Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974'.
Rules of 1974 appears to be applicable in the present case and has been relied upon for passing the order impugned. It is admitted that all other brothers and sisters have given their no objection for consideration of petitioner's claim except Sandeep Kumar Rathore,who is already employed. The brother who is already employed, will have no locus to object to the claim of petitioner for grant of compassionate appointment. All otherbrothers and sisters apparently have given such no objection to petitioner. The claim of petitioner for grant of compassionate appointment, therefore, could not have been rejected only on the ground that Sandeep Kumar Rathore has not given his no objection.
Consequently, Writ petition stands allowed. Impugned order dated 22.4.2020 passed by respondent no. 4 (Annexure -1 to the writ petition) cannot be sustained and is quashed. Matter stands remitted to the authority concerned for a fresh determination in accordance with Rules of 1974, within a period of three months from the date of presentation of copy of this order.
Order Date :- 20.9.2021 n.u.