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IRSHAD ALI
Subhash Chandra – Appellant
Versus
District Basic Education Officer Barabanki – Respondent
| Table of Content |
|---|
| 1. claim for compassionate appointment. (Para 3 , 4) |
| 2. petitioner's arguments against denial of appointment. (Para 5 , 6) |
| 3. court's reasoning on compassionate appointment regardless of aid status. (Para 10 , 11) |
| 4. impugned order quashed; direction to reconsider petitioner's application. (Para 12) |
| 5. writ petition allowed. (Para 13) |
JUDGMENT
Irshad Ali, J.
Heard Anas Sherwani, learned Advocate holding brief of Shri. Amrendra Nath Tripathi, learned counsel for the petitioner and Shri. Rahul Shukla, learned counsel for the respondent no.1.
2. None has put in appearance for the respondent no.2 in spite of notice issued to the respondent no.2.
3. By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing the impugned order dated 21.9.2007 (Annexure-9 to the writ petition) with further prayer to issue a writ in the nature of Mandamus commanding the respondents to consider the petitioner's claim and give appointment on compassionate grounds on Class IV post.
4. Factual matrix of the case is that father of the petitioner died while in service working on the post of Assistant Teacher in the School. At the time of
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
The legal position on compassionate appointment is well settled, and the court found no change in government policy, leading to a partial allowance of the petition to ensure the petitioner's name is ....
The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the rem....
Cancellation of appointment after 19 years, without following proper disciplinary inquiry procedures, and based on a complaint, was unsustainable.
The court emphasized the consideration of financial criteria and qualifications for compassionate appointment in accordance with the relevant notification.
The court reiterated that compassionate appointments cannot be granted where previous court orders have deemed related government policies unlawful, asserting the principle against perpetuating illeg....
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