ALLAHABAD HIGH COURT
NEETESH BAGHEL – Appellant
Versus
State – Respondent
WRIA/12719/2022
Court No. - 30
Case :- WRIT - A No. - 12719 of 2022
Petitioner :- Neetesh Baghel
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Brajendra Kumar,Naresh Kumar Pal
Counsel for Respondent :- C.S.C.
Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for the petitioner and learned Standing
Counsel representing respondents No.1 to 4.
Considering the nature of the order, proposed to be passed,
notices on respondents No. 5 and 6 are being dispensed with.
With the consent of learned counsel for the parties, the writ
petition is being decided at this stage without calling for a
counter affidavit.
Neetesh Baghel (the petitioner) son of Late Mukut Singh is
before this court for a direction to the respondents to consider
the claim of the petitioner for compassionate appointment under
the Dying-in-Harness Rules in place of his father and for further
direction to the respondents to pass appropriate order on the
pending representation of the petitioner, which has been
annexed as Annexure No.9 to the writ petition.
The record reveals that the father of the petitioner namely Late
Mukut Singh working as peon in Ganga Devi Baghel Vidhyalay
Gotpur, Distt. Mainpuri died-in-harness on 7.4.2017. The
petitioner having the requisite qualifications has applied for the
post of Paricharak in the said institution. It is averred that the
application of the petitioner has never been forwarded to the
Basic Shiksha Adhikari, Mainpur (respondent No.4) by the
Committee of Management of the Institution for consideration
of his appointment. Thereafter, the petitioner sent an application
for his appointment to respondent No.4 by registered post on
20.6.2022 but the same was not considered. In that respect the
petitioner has preferred a representation on 15.7.2020 before
respondent No.4 but the same is also pending consideration.
Learned counsel for the petitioner precisely submits that the
respondent no.4 may be directed to consider the representation/
application of the petitioner for compassionate appointment
expeditiously.
Learned Standing Counsel fairly states that in case the
representation/application is still pending and has not been
decided, the same will be considered and decided expeditiously.
In view of above, without expressing any opinion on the merits
of the case and considering the facts and circumstances of the
case, this writ petition is disposed of finally with a direction to
the respondent no.4 to consider and decide the petitioner's
representation/application for compassionate appointment in
accordance with law within a period of six weeks from the date
of production of a certified copy of this order before him.
Order Date :- 2.9.2022
Vandana
(Ashutosh Srivastava,J.)
Digitally signed by VANDANA
GAUTAM
Date: 2022.09.02 16:42:50 IST
Reason:
Location: High Court of Judicature at
Allahabad
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