Allahabad High Court
Sanjeev Kumar vs District Judge Hardoi on 23 July, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 6 Case :- SERVICE SINGLE No. - 5014 of 2010 Petitioner :- Sanjeev Kumar Respondent :- District Judge Hardoi Petitioner Counsel :- Suresh Chandra Shukla Respondent Counsel :- Manish Kumar,Manish Kumar Hon'ble Shabihul Hasnain,J.
The petitioner has preferred this writ petition seeking a writ of mandamus commanding the opposite parties to allow compassionate appointment to the petitioner in place of his father late Jamuna Prasad, who was a regular employee as 'Messenger' in the District Court, Hardoi. The fact is proved by the annexures to the writ petition.
It is submitted that father of the petitioner died on 25.1.2010 during his service period and the application for appointment by the petitioner was moved on 24.2.2010. The petitioner has also submitted succession certificate and also no objection certificate by other family members. The petitioner has also submitted that his father late Jamuna Prasad was never suspended nor awarded any adverse entry in the character roll and he was never punished for any misconduct by the department before he died in harness.
Under the circumstance, this court finds it a fit case where compassionate appointment should be allowed to the petitioner. His application has been moved in time and it appears that the petitioner's father was sole bread earner in the family. Hence, opposite party is directed to consider the case of the petitioner immediately for his appointment under the Dying in Harness Rules say within a period of one month from the date a certified copy of this order is produced before him.
With these observations, writ petition is finally disposed of.
Order Date :- 23.7.2010 Om.