Prashant Kumar v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 19116 of 2023 Petitioner :- Prashant Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hriday Narayan Pandey,Prakash Chandra Bharti Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 & 2 and Mr. Harsh Vardhan Gupta, learned counsel appearing for the Respondents No. 3 & 4.

¶2Petitioner through this writ petition has prayed for a direction from this court thereby commanding the Respondent No. 3 to consider and decide her case for compassionate appointment.

¶3Facts of the case, in brief, are that father of the petitioner while working on the post of Assistant Teacher in Primary School at district Kaushambi died in harness on 10.05.2021. Petitioner after the death of her father has submitted application for compassionate appointment on 23.09.2023 before District Basic Education Officer, Kaushambi and has prayed for her compassionate appointment.

¶4Learned counsel appearing for the petitioner has argued that though petitioner has submitted application for compassionate appointment on 23.09.2023, but till date her case for compassionate appointment has not been considered and decided.

¶5On the other hand Mr. Harsh Vardhan Gupta, learned counsel appearing for the Respondents No. 3 & 4 has very fairly submitted that since petitioner's case is pending before District Basic Education Officer, Kaushambi, therefore, ends of justice would be served if a direction is issued by this court to Respondent No. 3 to consider and decide the petitioner's case for compassionate appointment within a fixed time frame.

¶6In view of the aforesaid submissions advanced by the learned counsels appearing for the parties, this writ petition is finally disposed of with a direction to Respondent No. 3 to consider and decide petitioner's application dated 23.09.2023 for compassionate appointment by passing speaking and reasoned order within two months from the date of service of certified copy of this order. Order Date :- 2.12.2023 Gaurav High Court of Judicature at Allahabad