LAWS(ALL)-2022-8-40

HARSHIT PRAKASH Vs. STATE OF U.P.

Decided On August 23, 2022
Harshit Prakash Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for respondent no. 1 to 4. Through this petition the petitioner has prayed for the following relief:-

(2.) Learned counsel for the petitioner submits that the mother of the petitioner who was a government servant and was serving as Mukhya Sevika in the office of Child Development Project Kanpur (Pratham), Kanpur Nagar has died on 20/2/2016 while she was in service. The petitioner being the elder son along with two sisters in the family submitted an application for compassionate appointment on 3/5/2016 along with requisite documents. The Director Child Development, Nursing and Nutrition, U.P. Lucknow rejected the petitioner's application for compassionate appointment vide impugned order dtd. 17/10/2016 and by a consequent order, the District Program Officer Kanpur has also issued impugned order dtd. 21/10/2016. Thereafter he gave a representation before the authorities that was also rejected vide order dtd. 13/6/2022 by the District Program Officer, Kanpur.

(3.) Learned Standing Counsel has opposed the petition submitting that both the parents of the petitioner were in government service. The mother Munni Devi @ Munni Kushwaha who was working as Mukhya Sevika in the office of Child Development Project Kanpur (Pratham), Kanpur Nagar died in the year 2016, however, Shri Umesh Kumar who is the father of the petitioner was working in the State Secretariat, therefore, the authorities found that since the father of the petitioner who is the bread earner of the family was still employed with the State Government, there is no occasion for giving the benefit of compassionate appointment to the petitioner.