Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83424 Court No. - 5 Case :- WRIT - A No. - 6365 of 2025 Petitioner :- Vipin Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Abhishek Pandey,Birendra Pandey,Jitendra Pandey,Vinay Kumar Pandey Counsel for Respondent :- A.S.G.I.,Pashupati Nath Tripathi Hon'ble Ajay Bhanot,J. Heard Shri Birendra Pandey, learned counsel for the petitioner and Shri Pashupati Nath Tripathi, learned counsel for the respondents no 2 and 3. By the impugned order dated 19.09.2023 the application of the petitioner for grant of appointment on compassionate grounds has been declined. The impugned order is cryptic one and does not state any reason for invalidating the case of the petitioner for grant of appointment on compassionate grounds. For ease of reference the order is extracted hereunder:
"This has reference to your captioned application for Compassionate Appointment upon demise of your father Late MR. KAMAL KUMAR, SR. No. 425474, Civil Lines Branch. In this connection, we would submit that the request for Compassionate Appointment has not been considered favourably by the Competent Authority as there are no other wholly dependent wards of the deceased employee to be looked after." The respondents were directed to produce the order of the competent authority. However, it is fairly submitted that no order has been passed by the competent authority. Only some notings have been made. Incidentally the aforesaid notings have also not been brought before this Court. In any case the aforesaid notings have not been communicated to the petitioner and do not form part of the order rejecting his claim. In this wake the impugned order is vitiated on account of non application of mind. The impugned order dated 19.09.2023 is liable to be set aside and is set aside. The matter is remitted to the respondent no. 2 to execute the following directions: I. The respondent no. 2 is directed to decide the claim of the petitioner for grant of appointment on compassionate grounds by a reasoned order after considering all relevant factors and issues. II. The exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order. The writ petition is allowed to the extent indicated above.
Order Date :- 19.5.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad