Friday, January 27, 2023

Allahabad High Court rejects demand for compassionate appointment without assigning reason

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The Allahabad High Court has set aside the order of Allahabad University rejecting the demand for compassionate appointment without assigning any reason.

A Single Bench of Justice Attau Rahman Masoodi passed this order while hearing a petition filed by Nisha Mishra.

The petitioner is aggrieved against the order passed by the Registrar, University of Allahabad on 23.2.2022 whereby the petitioner’s application for appointment under Dying in Harness Rules has been rejected and the same reads as under:

“This is with reference to your application regarding compassionate appointment in the University of Allahabad in place of late Praveen Kumar Mishra. It is to inform you that vide Executive Council Resolution No 12/63 dated August 17, 2021 your case was not found fit for compassionate appointment.”

Counsel for the petitioner submitted that a copy of the resolution which is the basis of passing the order was not supplied to the petitioner alongwith the order of rejection. The order does not record any reason whatsoever.

The reasons are the essence of a decision, it is well settled. The same ought to have been recorded and communicated to the petitioner, the Court observed.

Without entering into the merits of the case, the Court is satisfied that the order cannot be allowed to stand detrimental to the interest of the petitioner unless the reasons for arriving to such a conclusion are spelt out in the order and are communicated to her along with the decision.

“The Registrar, University of Allahabad is thus directed to take a fresh decision in the light of the reasons relied upon by the Executive Council in its meeting held on 17.8.2021 expeditiously and preferably within a period of six weeks. The fresh decision shall be communicated to the petitioner without any delay”, the Court ordered.

Therefore, the Court allowed the writ petition.

Vibhu Rai, Counsel for the petitioner said that the husband of the petitioner was an employee of Allahabad University. He died during the service. The petitioner claimed for compassionate appointment five years after the death of the husband, which was rejected by the Allahabad University working committee meeting held on 17 August 2021 and no reason was given for the rejection of the claim.

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