Manish Srivastva v. State of U.P. Thru. Prin. Secy. Appointment Deptt. Civil Secrtt. Lko. and 2 Others

Court No. - 8 Case :- WRIT - A No. - 1699 of 2022 Petitioner :- Manish Srivastva Respondent :- State Of U.P. Thru. Prin. Secy. Appointment Deptt. Civil Secrtt. Lko. And 2 Others Counsel for Petitioner :- Romit Seth Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Shishir Jain Hon'ble Dinesh Kumar Singh,J.

¶1Heard Sri Romit Seth, learned counsel appearing for the petitioner and Sri Shishir Jain, learned counsel appearing for the High Court and learned Additional Chief Standing Counsel appearing for the State.

¶2Present petition under Article 226 of the Constitution of India has been filed seeking quashing of the orders dated 03.03.2022 and

11.03.2022 passed by the District Judge, Sitapur whereby request of the petitioner for giving him compassionate appointment on Class III post under The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short "Rules, 1974") has been rejected, and the petitioner has been offered a Class IV post.

¶3Sri Shishir Jain, learned counsel appearing for the High Court submits that the recruitment committee of the High Court has taken a decision on 07.07.2023 that a person claiming compassionate appointment should possess requisite qualifications to be appointed on Class III post, then his candidature should be reconsidered for appointment on Class III post, if there is a vacancy in district judgeship.

¶4In the light of the above policy decision of this Court, District Judge, Sitapur is directed to take a fresh decision in accordance with law on the request of the petitioner for giving him appointment on Class III post under Rules, 1974 as amended from time to time.

¶5With the aforesaid, the writ petition is disposed of. (Dinesh Kumar Singh, J.) Order Date :- 13.7.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench