Allahabad High Court: This writ petition was filed before a Single Judge Bench of Ashwani Kumar Mishra, J. against an order where respondent was granted appointment on compassionate ground.
Facts of the case were that respondent was the son of the first wife of deceased who was employed as a Class-IV employee in the Junior High School. Respondent was given appointment on compassionate ground whereby respondent had undertaken to take care of the petitioners also. The grievance of petitioner was that he should have been the one to be appointed. Petitioner contended that respondent had not extended any benefit to petitioner and failed to keep his commitment of taking care of other family members. Court observed that the deceased died in the harness and respondent was his heir thus the appointment of respondent on compassionate grounds was not in question and the order passed by District Basic Education Officer approving his appointment did not suffer from any illegality.
High Court viewed that by virtue of Rule 7 of the Rules of 1974 the order was made with the purpose of casting an obligation upon the person, who was appointed to support other family members. If respondent had failed to adhere to his commitment the benefit given to him could be taken away. Therefore, the direction was given to consider the application of the petitioner. [Yashoda Devi v. State of U.P.,2018 SCC OnLine All 2867, order dated 26-11-2018]