?Court No. - 6
Case :- SERVICE SINGLE No. - 552 of 2013
Petitioner :- Km. Pankshi Singh
Respondent :- State Of U.P.Thru Its Secy.Basic Edu.Civil Sect.Lucknow &Ors
Petitioner Counsel :- Anurag Srivastava
Respondent Counsel :- C.S.C.
Hon'ble Shabihul Hasnain,J.
Heard Sri Anurag Srivastava, learned counsel for the petitioner, Sri Ghaus Beg for opposite party No.s 4 to 6 and learned Standing counsel for the State.
Petitioner was granted compassionate appointment after the death of his father on the post of Assistant Teacher vide order dated 30.9.2011. He says that the same is being sought to be taken away vide annexure No.2 dated 9.7.2012. Counsel for the opposite party says that that the petitioner has not qualified the Teachers' Eligibility Test (in short T.E.T). Petitioner says that once an appointment has been given to her in pursuance of a statutory law, the same can not be taken away. It is further argued that T.E.T. is a written test, which should not be forced upon the petitioner for compassionate appointment.
On the other hand, learned counsel for opposite parties has placed before this Court judgment and order of this Court passed at Allahabad in a petition bearing Writ-A No.33828 of 2012. He says that benefit of this appointment can not be given to the petitioner unless he has qualified T.E.T. as has been held in aforesaid judgment.
Learned counsel for the petitioner has, however, submitted that the said order is under challenge in special appeal and the special appeal is pending before this Court at Allahabad. He says that compassionate appointemnt is a benevolent law which should be interpreted in all possible ways to help a person whose bread earner has been snatched away by the cruel hands of death. The sudden penury which strikes the family is sought to be nullified by the authorities under Dying in Harness Rules.
Under the circumstances, the petition is finally disposed of with a direction to the opposite parties to consider the case of the petitioner for the compassionate appointemnt on another suitable post for which the petitioner is eligible under Dying in Harness Rules applicable for appointment. The same shall be decided expeditiously, say within a maximum period of one month from the date a certified copy of this order is placed before him.
The termination of petitioner's services shall remain subject to the final decision of the special appeal which is pending before this Court at Allahabad.
Order Date :- 1.2.2013/RKM.
HIGH COURT KE SABHI JUDGES PAHLE EK SAATH BAITH KE... MEETING KAR LE KI TET ME KYA SAHI HAI KYA GALAT??????? FIR KOI DECESION DN KI KAB TET JARURI HAI KAB NAHI.........
ReplyDeleteup ke koi court ab faisla nahe kar paege sala sab ke sab paise le k faisla dete hai.ab faisla sc double bench me he hoga 2017 me.
ReplyDeletemadam filter to hata do aap ne b bure vakt me filter laga rakha hai
ReplyDeletemadam g plz filter hata do
ReplyDeleteKRAPAYA HINDI ME BATAYE
ReplyDeleteJaisa maal vaisa decision, dont be amazed.
ReplyDeleteKuch smjh ni aa raha
ReplyDeleteBY RAJESH :-THE HCOURT AND HIS JUDGES WHO WILL HEARING THE TET CASE WHY WILL DELAY TO GIVEN THE DECISIONS AND WHY HE LIBERAL TO THE GOVERNMENT AND WHY THEY NOT SEE THE PAIN OF THE STUDENTS WHO WASTEGE A LOT OF MONEY AND TWO YEARS CRUSIAL TIME TO OFF OUR LIFE IN B/W COURT AND GOVERNMENT DESIONS ALL OF THEM TO CUNSERT ANOTHER EXAM AND NOT THE WASTED THE TIME TO TET AND THE APOINMENT IN P.S.GOODDAY
ReplyDeleteBY RAJESH :-THE HCOURT AND HIS JUDGES WHO WILL HEARING THE TET CASE WHY WILL DELAY TO GIVEN THE DECISIONS AND WHY HE LIBERAL TO THE GOVERNMENT AND WHY THEY NOT SEE THE PAIN OF THE STUDENTS WHO WASTEGE A LOT OF MONEY AND TWO YEARS CRUSIAL TIME TO OFF OUR LIFE IN B/W COURT AND GOVERNMENT DESIONS ALL OF THEM TO CUNSERT ANOTHER EXAM AND NOT THE WASTED THE TIME TO TET AND THE APOINMENT IN P.S.GOODDAY
ReplyDelete