Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13537 Court No. - 7 Case :- WRIT - A No. - 1125 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Goel Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C. Hon'ble Prakash Padia,J.
1. Heard Sri Amit Goel, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 & 5 and Sri B. P. S. Kachhawah, learned counsel for the respondent nos.2 to 4. 2. The petitioner was appointed under dying-in-harness rules on Class-IV posts in place of his father under Dying-in-Harness Rules, 1974 on 18.05.2001 in a fixed pay of Rs.2550/-. Pursuant to the same, petitioner joined the post in question on 18.05.2001 on the same day. The services of the petitioner was regularized by the respondent no.3 namely District Basic Education Officer, Etah vide order dated 23.11.2006. 3. It is argued by counsel for the petitioner that petitioner be treated in regular services from the date of his initial appointment namely 18.05.2001. He placed reliance upon the order dated 06.12.2024 passed by Coordinate Bench of this Court in Writ A No.19352 of 2024 (Charan Singh and 7 others Vs. State of U.P. and another) Neutral Citation No.2024:AHC:191564. 4. Sri B. P. S. Kacchawah, learned counsel for the respondent no.3 placed before this Court the instructions dated 25.01.2025, same is taken on record. 5. It is stated in the aforesaid instructions that service book of the petitioner has sought for by the respondent no.3 from the authorities in order to take a decision in the matter expeditiously. 6. Heard learned counsel for the parties and perused the records. 7. The law is settled that the appointments on compassionate grounds are treated as regular appointments.
After considering good authorities in point this Court in Pradeep Kumar and 6
others v. State of Uttar Pradesh through Principal Secretary (Basic Education) and 2 others (Writ-A No.6717 of 2018) held as under:
"In the facts and circumstances of the case and in the light of the observations so made in the case of Ravi Karan Singh (supra), Itwari Lal (supra) as well as Ravindra Nath Taigor (supra), the issue is no more res-integra and as such, the Court is of the considered opinion that the services rendered by the petitioners on consolidated salary should be counted as regular service and accordingly, the consequential benefits may also follow. Consequently, the order impugned is set aside. The writ petition is allowed. The Competent Authority is directed to do the needful in the matter by treating the petitioners to be regularized from the date of their initial appointment and accord all consequential benefits to them within the period of six weeks from the date of production of certified copy of this order."
8. In this view of the matter, the competent authority is directed to do the needful in the matter and pass appropriate orders treating the petitioner to be regularized from the date of his initial appointment and accord all the consequential benefits to him within a period of six weeks from the date of presentation of certified copy of this order. 9. With the aforesaid observations, writ petition is allowed. Order Date :- 27.1.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad