ASHUTOSH MISHRA Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The father of the petitioner Shri Ganesh Prasad Mishra was in employment with the opposite parties as a Senior Auditor. He died on 20.2.1998 in harness. On 4.3.1998 the petitioner moved application before the opposite parties for compassionate appointment. Since his candidature was not considered, therefore, the petitioner approached this Court in the instant writ petition praying for issuance of a writ, order or direction in the nature of Mandamus directing the opposite parties to extend him appointment on compassionate ground consequent upon the death of his father.

(2.) On 3.8.2001 this Court provided that, in the meantime, the case of the petitioner for appointment on compassionate ground shall be considered. Pursuant to the directions of this Court the case of the petitioner was considered and the representation made by him was rejected vide order dated 19.9.2001. This order rejecting his representation has been challenged in the instant writ petition by way of amendment and the order has been impugned as Annexure No. 10. The representation has been rejected on the ground that since the family of the petitioner has already received a sum of Rs. 6,73,557/- on account of the death of G.N. Mishra, therefore, the petitioner is not entitled for compassionate appointment.

(3.) The learned Counsel for the petitioner Shri Mohit Jauhari vehemently argued that mere providing financial assistance to the extent of Rs. 6 lacs and odd, to which the family was legally entitled for, his claim for compassionate appointment cannot be denied.