Court No. - 5
Case :- WRIT - A No. - 6678 of 2021 Petitioner :- Vinay Kumar Gutam Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and the learned Standing Chief Counsel appearing for the State-respondents.
The petitioner, by means of this writ petition, has prayed for the following reliefs:
"1. Issue a writ, order or direction in the nature of mandamus direct the respondent to appoint the the petitioner under the Dying and Harness Rules in place of his father namely Late Gopa Ji.
2. Issue a writ, order or direction in the nature of mandamus directing the respondent authority to decide the representation of the petitioner pending before the respondent authority.
3. Issue any other writ, order or direction protecting the interests of the Petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
4. Award the cost of the petition in favour of the Petitioner."
It is stated that the father of the petitioner, who was working as Constable in U.P.Police at Police Line, Azamgarh, unfortunately died on 31.8.2003. The petitioner submitted an application for seeking compassionate appointment on 19.12.2013.
The grievance of the petitioner is that though all the formalities in respect of appointment on compassionate appointment have been completed but he has not been issued appointment letter.
Sri Rajesh Tripathi, learned Chief Standing Counsel submits that since the petitioner submitted the application after five years from the date of death of his father and, therefore, the matter was referred to the State Government for necessary approval. He further submits that in compliance of the letter dated 13.12.2019 of the Head Office he had written a letter on 22.6.2020 to the Chief Medical Officer, Azamgarh seeking information with regard to 31 points.
Pursuant to the letter dated 22.6.2020, the petitioner and his family, who is the dependent of the deceased employee were asked to get examined by the Chief Medical Officer, Azamgarh, but the petitioner and his family did not appear before the Chief Medical Officer so as to ascertain that any other member of the family is eligible for appointment. The petitioner did not furnish relevant medical examination report. He further submits that only because of the petitioner, there is a delay in taking decision.
Sri Rajesh Tiwari, learned counsel appearing for the petitioner submits that the petitioner along with family members will appear before the Chief Medical Officer, Azamgarh.
Accordingly, petitioner and his family members shall appear on 27.8.2021 before the Chief Medical Officer, Azamgarh and if for any reason the Chief Medical Officer is not present on the said date, he may fix any other date within two weeks thereafter. On the said date the petitioner and his family members shall remain present before the Chief Medical Officer and the Chief Medical Officer after examining them, submit a report to the Superintendent of Police, Azamgarh- respondent no.2 within a week thereafter. The respondent no.2 shall, thereafter, forward the same to the State Government for necessary decision and the respondent no.1 shall take final decision for compassionate appointment of the petitioner within two months thereafter.
It is, however, made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and the respondents are at liberty to decide the matter in accordance with law.
With the aforesaid observations/directions, the writ petition stands finally disposed of.
Order Date :- 12.8.2021 SKM