Heard learned counsel for the petitioner, Sri M. S. Misra, holding brief of Sri Ved Vyas Misra appearing for respondent no. 1 and the learned Standing Counsel for the respondents no. 2 to 4.
Pleadings have been exchanged between the parties and with the consent of the learned counsel for the parties, the writ petition is being finally disposed of.
Undisputed facts are that the father of the petitioner, who was working as Assistant Teacher in Sheshmani Sanskrit Uchchattar Madhyamik Vidyalaya Ratyora Karpiya, a Sanskrit Institution, which was on the grant-in-aid of State affiliated to Sampurnanand Sanskrit Vishwavidyalaya, died in harness on 31.3.1994. The petitioner made an application for being considered for grant of compassionate appointment in the year 1996. Although under the first Statute and Ordinances governing Sampurnanand Sanskrit Vishwavidyalaya initially there was no provision for making compassionate appointment yet the said appointments were being offered in the institution affiliated to the said University in accordance with the Government Order dated 20th July, 1992. The University through Registrar forwarded a letter dated 5th February, 1997 requiring the petitioner to furnish necessary documents for processing his case. However, when no further action was taken, the petitioner approached this Court by filing the instant writ petition.
A counter affidavit has been filed on behalf of the University. In paragraph 6 of the counter affidavit, it has been stated that the provisions of compassionate appointment under dying-in-harness have been added in the first statute of the University with effect from 14.6.1999.
Even there may not have been any provision in the first statute for providing compassionate appointment at the time the petitioner made an application but nevertheless such appointments were being offered and made in view of the Government Order dated 20th July, 1992 and the provisions now having been incorporated in the first statute during the pendency of the claim of the petitioner before this Court the petitioner is entitled to be considered for being given compassionate appointment in accordance with the Rules.
Considering the facts and circumstances, the writ petition stands finally disposed of with liberty to the petitioner to make proper application in this regard along with a certified copy of this order before the respondent no. 3 within a period of three weeks from today and in case any such application is made, the concerned authority shall process the same and pass suitable orders in accordance with law and Rules within a further period of six weeks from the date of making the application.
Order Date :- 19.12.2011 Dcs