Court No. - 58
Case :- WRIT - A No. - 12215 of 2018 Petitioner :- Saiyad Samar Abbas Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prakash Padia Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 21.5.2018:-
"Pursuant to an order passed by this Court on 31.1.2018 in Writ Petition No.3787 of 2018, petitioner's claim for compassionate appointment has been rejected by the order impugned dated 7.5.2018, on the ground that there is a managerial dispute, on account of which an order of single operation is operating and compassionate appointment cannot be granted as of now.
Learned counsel for the petitioner states that merely because there is a managerial dispute, there cannot be a vacuum in the Managing Committee and consideration of claim for compassionate appointment cannot be deferred on such ground.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 28.5.2018."
Learned Standing Counsel has placed the instructions received from the respondents, as per which, there is a managerial dispute existing in the committee on account of which it has not been possible to consider petitioner's claim for grant of compassionate appointment.
Sri Prakash Padia, learned counsel for the petitioner submits that by virtue of regulation 10 of the part III of U.P. Non Governmental Arbic and Persian Madarsa Recognition, Administration and Services Regulation, 2016, petitioner being the dependent of deceased employee is entitled to be appointed on compassionate ground. It is submitted that the object of compassionate appointment is to enable the family to tide over the sudden difficulties caused due to death of sole bread-earner. Submission is that in case there is any dispute in the committee of management, appointment could be offered under the signatures of the Principal or anyone else who may be signing the salary bill. Reliance is placed upon a decision of the Division Bench of this Court in Special Appeal Defective No.217 of 2017 (Principal, Madarsa Islamiya Jamaitul Kuraish Jalandhari vs. Mahtab Alam Hashmi and 5 other), decided on 11.4.2017. Following observations of the Division Bench are extracted hereinafter:-
"It may be true that as per Clause 10 of Chapter III of the Uttar Pradesh Ashaskiya Arbi aur Faarsi Madarsa Mannayata, Prashashan aur Sewa Vinyamawali, 2016, the application for grant of compassionate appointment is to be made to the Managing Committee of the institution concerned but once the Managing Committee of the institution is not at all on the spot, as alleged, then certainly we proceed to take note of the fact that the incumbent running and managing the affairs of the institution, in the present case, will have to consider the application and have to forward the same before the authority concerned to be dealt with in accordance with law.
Consequently, as far as we are concerned, we are not at all entertaining the request made on behalf of appellant respondent no. 5 and learned Single Judge has rightly proceeded to pass the order dated 25th January, 2017, by directing the appellant respondent no. 5 to decide the application of petitioner respondent as there is no recognized managing committee on the spot, and in view of this, as Principal allegedly has been running and managing the institution, the Principal of the institution should proceed to pass order on the said application, so that claim of the appellant for grant of compassionate appointment is considered strictly in consonance with the Clause 10 of Chapter III of the Uttar Pradesh Ashaskiya Arbi aur Faarsi Madarsa Mannayata, Prashashan aur Sewa Vinyamawali, 2016.
With this, present special appeal stands disposed of.
However, we make it clear that by means of passing of this order, we have not at all gone into the validity of the right of the managing committee to run and manage the institution, nor the authority of the Principal and the order in question has been passed keeping in view the peculiar facts and circumstances of the case."
In view of the above, this writ petition stands disposed of with a direction upon the respondent nos.4 and 6 to ensure compliance of provisions of the regulation 10 of the part III of the Regulations of 2016 and take appropriate decision in the matter relating to grant of compassionate appointment to the petitioner. Required consideration will be made within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 28.5.2018 Ashok Kr.