Anoop Tripathi v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 19915 of 2023 Petitioner :- Anoop Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 & 3 and Mr. Pranesh Dutt Tripathi, learned counsel appearing for the Respondents No. 2 & 4.

¶2Facts of the case, in brief, are that father of the petitioner while posted as Head Master in Primary School Arjun Chapra, Block Khadda, District Kushi Nagar disappeared on 07.07.2007. Petitioner lodged a report in Police Station in respect of missing of his father. Later on Police investigated the matter but could not trace out whereabouts of the petitioner's father. Petitioner after much persuasion could obtain the death certificate of his father on

09.06.2022. Petitioner after obtaining the death certificate of his father submitted application on 11.08.2022 to District Basic Education Officer, Kushi Nagar, whereby he requested for his compassionate appointment in place of his deceased father.

¶3Learned counsel appearing for the petitioner has invited attention of this court towards letter dated 30.11.2022, whereby District Basic Education Officer, Kushi Nagar has forwarded the matter to Secretary, U.P. Basic Education Board, Prayagraj and has sought guidance in respect of petitioner's compassionate appointment.

¶4Learned counsel appearing for the petitioner has argued that till date petitioner's case for compassionate appointment has not been considered and decided.

¶5On the other hand, Mr. Pranesh Dutt Tripathi, learned counsel appearing for the Respondents No. 2 & 4 though has opposed the writ petition but could not deny the fact that when petitioner has submitted an application for compassionate appointment then the said application should be considered and decided within a fixed time frame.

¶6In view of the aforesaid submissions advanced by the learned counsels appearing for the parties, without entering into merits of the case, this writ petition is finally disposed of with a direction to respondents to consider and decide petitioner's application dated

11.08.2022 by passing speaking and reasoned order within a period of three months from the date of service of certified copy of this order. Order Date :- 1.12.2023 Gaurav High Court of Judicature at Allahabad