Court No. - 58
Case :- WRIT - A No. - 20185 of 2018 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yadvesh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner’s father was employed as Lab Technician and while working at Community Health Centre, Garhmukteshwar, district Hapur, he died in harness in 2004. A compassionate appointment was granted to petitioner's elder brother on the post of Ward Boy, who also has died on 31st of August, 2009. A compassionate appointment has been sought by the petitioner being the younger son of his father consequent upon death of his brother. It was asserted before the authorities that petitioner is an unmarried brother, and therefore, would be covered within the family of the deceased brother. Submission is that since 2009 onwards various representations have been made from time to time, but no decision has yet been taken by the authority concerned, and hence, this petition.
Learned Standing Counsel submits that such grievance of the petitioner can be examined by the competent authority at the first instance.
In the facts and circumstances noticed above, this petition stands disposed of with a direction upon respondent No. 3 to accord consideration to the petitioner's claim in accordance with law within a period of three months from the date of a presentation of certified copy of this order. It is made clear that this Court has not examined petitioner's entitlement on merits and all issues and facts are left to be considered by the competent authority at the first instance.
Order Date :- 19.9.2018 Sumaira