Friday, March 31, 2023

Allahabad HC says municipal body has no right to check validity of application in compassionate appointment

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The Allahabad High Court has said that when the mandate of appointment of the petitioner to the deceased dependent quota has been issued, the Municipal Corporation does not have the right to check the validity of his application.

A single-judge bench of Justice Ajit Kumar passed this order while hearing a petition filed by Kulwant Kumar.

By means of the petition filed under Article 226 of the Constitution, the petitioner has prayed for grant of appointment on compassionate ground as Class-4 employee pursuant to the Government Order dated September 03, 2021.

The counsel for the petitioner has argued that the petitioner’s name has already come to be recommended in the Government Order dated September 03, 2021 for grant of appointment on a group-D position in the concerned Nagar Nigam, Aligarh and his name occurs in the second list.

However, he submitted that instead of offering appointment to the petitioner, the respondent Additional Municipal Commissioner, Nagar Nigam Aligarh has raised certain queries to his letter dated December 15, 2021, which were beyond his authority.

He further submitted that the petitioner has duly replied to those queries made in the letter dated December 15, 2021 in his reply dated December 18, 2021 appending requisite documents but the respondents have yet not taken any final decision in the matter and are illegally withholding the compassionate appointment to the petitioner.

He also submitted that the very purpose of the compassionate appointment will get defeated as it is only aimed at providing immediate succor to the bereaved family whose sole bread earner died in harness.

Nagendra Nath Mishra, the counsel for the respondents, submitted that the appropriate decision shall be taken by the concerned Municipal Commissioner upon the reply submitted by the petitioner and if everything is found in order, the appointment order shall immediately be issued to the petitioner pursuant to the Government order.

Having heard counsel for the parties, the Court is of the view that the matter requires to be examined in the first instance by the Additional Municipal Commissioner, Nagar Nigam, Aligarh as the query has been made in letter dated October 15, 2021 which has come to be suitably replied by the petition his reply dated December 18, 2021.

This argument of Senior Advocate also carries weight that once the Government Order was issued to offer appointment to the petitioner by the concerned Nagar Nigam, it was out of his authority to question the validity of the application made by the petitioner for compassionate appointment, the Court said.

“In view of the above, the petition stands disposed of with a direction to the respondent concerned namely the respondent no 4 to take a final decision in the matter of compassionate appointment to the petitioner pursuant to the Government Order dated September 3, 2021, if there is no legal impediment considering the reply of the petitioner dated December 18, 2021 to the query made by Additional Municipal Commissioner, Nagar Nigam, Aligarh in its letter dated October 15, 2021. Consideration with regard to decision in the matter, as directed herein above, shall be accorded within a maximum period of six weeks from the date of production of certified copy of the order,” the Court ordered

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