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Allahabad High Court calls for an explanation from Health Dept director over compassionate appointment

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Despite the Allahabad High Court order over not appointing a dependent of a deceased employee, the High Court has called for an explanation from the Director (Administration) of the Health Department.

A single-judge bench of Justice Ashwani Kumar Mishra passed this order while hearing a petition filed by Desh Bandu Tej Narain Misra. The facts of the case are that the petitioner’s father was employed in the medical department and he died on November 10, 1995. A timely application for compassionate appointment was moved on which petitioner was appointed on August 19, 1996.

The appointment, however, was set aside on the ground that the competent authority had not passed such an order. This order was challenged in a petition and the petition was allowed. Even thereafter the petitioner was not allowed to join.

A subsequent direction was also issued by the writ court, thereafter, the petitioner’s application was again rejected by the Director (Administration)  order dated October 14, 2019. The Court observed that the petitioner’s father was an employee in the department and on his death, the petitioner, being his son, was entitled to compassionate appointment, is not disputed.

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The cancellation of earlier appointment on the ground that it was not issued by the competent authority, has also been set aside. “The Court is at a loss to understand how the authority can proceed to reject such a claim when the Court has already entertained the matter and the entitlement of the petitioner is, otherwise, not in dispute,” the court said.

“Let the Director (Administration) justify the order by filing her personal affidavit, by the next date fixed. It shall also be clarified as to why personal responsibility of the officer be not fixed in the matter and necessary remarks be incorporated in her service records,”

-the order reads. The Court has fixed the next hearing of the petition on December 8, 2021.

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