CLCON/304/2019 on 14 December, 2021

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Uttarakhand High Court

CLCON/304/2019 on 14 December, 2021

Bench: Manoj Kumar Tiwari

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 14TH DAY OF DECEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
         Contempt Petition No. 304 of 2019

BETWEEN:

Manish Thakur                                  ....Petitioner
      (By Ms. Indu Sharma, Advocate holding brief of Mr.
      Pradeep Chamyal, Advocate for the petitioner)

AND:
Anupam Viyas and Another                    ...Respondents
      (By Mr. Rakesh Thapliyal, Senior Advocate assisted by
      Mr. Bhuwnesh Joshi, Advocate for the respondent)


                       JUDGMENT

Supplementary response-affidavit filed on behalf of respondents is taken on record.

2. Petitioner's father Late R.S. Thakur was serving as Ex-A.G. III in Food Corporation of India, who passed away in the year 2005. Petitioner applied for compassionate appointment but his application was rejected by the Competent Authority vide order dated 05.09.2013, on the ground of non-availability of vacancies, in the 5% quota meant for compassionate appointment. Petitioner challenged the said rejection order by filing Writ Petition (S/S) No. 1594 of 2014, which was allowed and respondents were directed to consider petitioner's claim, in view of the observations made in the writ petition.

3. Pursuant to the judgment, Competent Authority in Food Corporation of India considered petitioner's claim and again rejected the same vide order dated 11.10.2018, on the ground that between 1995 to 2016, there was no vacancy under 5% quota meant for compassionate appointment.

4. On the last occasion petitioner's counsel had pointed out from the order dated 11.10.2018 passed by Executive Director, North, F.C.I that between 1995 till December, 2016, compassionate appointments were made on the post of Watchmen. Mr. Rakesh Thapliyal, Senior Advocate appearing for the respondents had sought time to get instructions on this aspect of the matter.

5. Today, on instructions, Mr. Rakesh Thapliyal, Senior Advocate submitted that in the year 2014, a dependent of a deceased employee of F.C.I was appointed on compassionate grounds, however, the deceased employee concerned had passed away much earlier in the year 1995. He assured the Court that petitioner's name would be included as per seniority in the roaster prepared by F.C.I. for compassionate appointment, based on date of death of petitioner's father and petitioner would be considered for appointment, as and when his turn comes. He further informed the Court that there is no age bar for appointments made under 5% quota meant for compassionate appointment, as per policy applicable in F.C.I. He further assured the Court that Competent Authority will pass necessary order for including petitioner's name in the roaster, within a week.

6. In view of the assurance so given by Mr. Mr. Rakesh Thapliyal, on instruction from Officers of F.C.I, namely Mr. H.N. Singh, Deputy General Manager (Pers.) and Mr. Arun Kumar, Assistant General Manager (Law), the contempt petition is closed.

7. Contempt notices issued to the respondents are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Shubham

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Uttarakhand High Court