1. Heard learned counsel for the petitioner, learned counsel for respondent No.1 and learned counsel representing respondent Nos.2 and 3.
2. Grievance of the petitioner is that husband of the petitioner was working as Head Constable in Central G.S.T. and Central Excise Custom, District Lucknow, who died while in service on 18.2.2019. The petitioner applied for consideration of claim for the appointment on compassionate ground, but till date, no consideration whatsoever has been made by passing an order to appoint the petitioner.
3. Learned counsel for the petitioner submits that the Government of India has formulated a scheme by issuing an office memorandum on 16.1.2013, wherein dependent of the deceased employee is entitled to get employment in the department on compassionate ground on fulfilling the conditions prescribed therein. He submits that the petitioner fulfills all requisite criteria fixed under the scheme and her claim is liable to be considered for the appointment on compassionate ground.
4. Counsel for the petitioner invited attention of this Court on Annexure-2 to the writ petition, whereby the name of the petitioner has been enlisted in the list for consideration of claim for appointment on compassionate ground dated 13.2.2020. He submits that more than one year has passed, but till date, no order whatsoever has been passed. Last submission is that the appointment on compassionate ground is made to meet out the immediate hardship of the family which arose due to death of the bread earner of the family. In case of delay, exigency for making appointment will be frustrated.
5. On the other hand, learned counsel appearing on behalf of the respondents submit that in case the claim setup by the petitioner is covered under the scheme of the Central Government, her claim shall be considered and appropriate order shall be passed within a reasonable period.
6. I have considered the submission advanced by learned counsel for the parties and perused the material on record.
7. On perusal of the supplementary affidavit filed, enclosing the copy of the scheme dated 16.1.2013, it is evident that there is a scheme for consideration of claim for the appointment on compassionate ground. The delay in not considering the claim of the petitioner for the appointment on compassionate ground is frustrating the purpose to provide immediate relief to the dependent of the deceased employee.
8. In view of the submission advanced, no useful purpose will be served in keeping the writ petition pending.
9. Accordingly, the writ petition is finally disposed of with the direction to the respondent No.2 to consider the claim of the petitioner for the grant of compassionate appointment under the scheme and pass appropriate reasoned speaking order within a period of six weeks from the date of production of certified copy of this order.
Order Date :- 12.8.2021 Gautam