Court No. - 6
Case :- WRIT - A No. - 23377 of 2018 Petitioner :- Suneel Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing counsel.
This petition has been preferred seeking issuance of a direction for the appointment of the petitioner on the post of Gram Panchayat Adhikari on compassionate grounds. The claim of the petitioner is that his father died on 20 November 2016 while still in service. According to the petitioner, he holds the requisite qualifications for appointment on the post of Gram Panchayat Adhikari. Learned counsel has in support of the relief sought also placed reliance upon a decision rendered by a Division Bench of the Court in Special Appeal Defective No. 620 of 2018 (Smt. Premlata Vs. State of U.P. And 3 Others), wherein the following pertinent observations came to be made:
"A bare perusal of Rule 5 of the Rules of 1974 makes it crystal clear that appointment under Rule 5 aforesaid is required to be given on a suitable post. The term 'suitable' in Rule 5 aforesaid pertains to suitability of the person who desires for appointment and it has nothing to do with the post held by the deceased Government Servant. The suitability of the aspirant is required to be assessed on basis of the educational qualification and other eligibilities so possessed by such person. In the case in hand, the appellant-petitioner is having the qualification of Bachelors Degree in Arts as well as Bachelors Degree in Education.
Looking to the qualification aforesaid, appellant-petitioner is suitable to be employed on a post in Grade-III and there is no just and valid reason for not employing her in the grade aforesaid. Suffice to mention that it is not the case of the appellant-petitioner that no Class-III post is available in the entire Department of Police of Uttar Pradesh."
Learned Standing Counsel states that the third respondent who is the competent authority shall duly evaluate the claim of the petitioner in accordance with law and bearing in mind the principles enunciated in Smt. Premlata referred to above. He states that the consideration of the claim shall be concluded with expedition and preferably within a period of two months from the date of presentation of a certified copy of this order along with a copy of the writ petition and its enclosures.
Accordingly and without going into the merits or otherwise of the claim of the petitioner, this writ petition shall stand disposed of in light of the statement so made.
Order Date :- 31.10.2018 Arun K. Singh (Yashwant Varma, J.)