Court No. - 43
Case :- WRIT - A No. - 8699 of 2019 Petitioner :- Virendra Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Chandra Tripathi Counsel for Respondent :- C.S.C.,Amit Krishna,Rajesh Kumar Sachan
Hon'ble Ashwani Kumar Mishra,J.
Supplementary affidavit filed today is taken on record.
Petitioner appears to have been offered compassionate appointment in the employment of respondent Organization on 16.1.2001. Petitioner alleges that pursuant to such order he has joined and is continuing in service. It is, however, stated that service benefits which are admissible to a regularly recruited employee are not being extended to the petitioner, inasmuch as respondents are not extending benefit of annual increment and other service benefits.
Sri Amit Krishna, learned counsel appearing for the respondent no.2 and Sri Rajesh Kumar Sachan, learned counsel for the respondent nos.3 to 7 states that directions have already been issued to the concerned authority to extend service benefits which are admissible to petitioner in accordance with law.
Law is settled that compassionate appointment offered to an employee would be on substantive basis, and therefore, having been appointed as such in the year 2001 petitioner would be entitled to all service benefits which are admissible to a regularly recruited employee. Grievance of the petitioner is, therefore, required to be examined by the respondent no.6 and all service benefits which are admissible to a similarly placed employee are liable to be extended to him.
In view of the above, this writ petition stands disposed of permitting the petitioner to approach the respondent no.6 in respect of his grievance, noticed above, alongwith certified copy of this order within a period of two weeks from today. In case a claim is raised, the authority concerned shall examine the matter and pass an appropriate order, in accordance with, within a further period of three months, thereafter. All consequential action shall be taken accordingly.
Order Date :- 31.5.2019 Ashok Kr.