- (1.) THE petitioner aggrieved with the order dated 12.04.2012 passed by Milk Commissioner, State of U.P. whereby the petitioner's application for compassionate appointment under U.P. Recruitment of Dependent of Government Servant Dying-in Harness Rules, 1974 for the post of Junior Clerk has been rejected on the ground that neither the order dated 09.05.2006 passed by Hon;ble Single Judge nor the order dated 18.12.2007 passed by Division Bench in appeal issue any direction to extent the benefit of compassionate appointment in favour of the petitioner.
(2.) UPON the perusal of the report, I find that the deceased employee while in service was dismissed from service from 06.07.1990 by the order impugned which was challenged before this Court through the Writ Petition No. 7433 (SS) of 1990. This Court by means of order dated 09.05.2006 quashed the same with the direction to clear all the retiral dues. The respondents challenged the order passed by the Hon'ble Singh Judge before Division Bench of this Court in Special Appeal No. 86 of 2007. The Division Bench, by means of order dated 18.12.2007 upheld the order passed by the learned Single Judge and dismissed the appeal with the observation that imposition of the punishment has rightly been held to be unwanted by the learned Singh Judge and we are in full agreement with the observations and the finding of learned Single Judge. Thus, I am of the view that the order of impediment in extending the benefit of compassionate appointment to the petitioner at this stage there is no occasion either by the learned Single Judge or by the Division Bench to making observation on the issue of compassionate appointment. Therefore, no any direction for compassionate appointment was unwarranted. Under the circumstances I am of the view that authority concerned has himself passed the impugned order, the same is hereby quashed. Writ Petition is hereby allowed with the direction that respondents to consider the petitioner's case in accordance with rules, expeditiously within two months of receipt of certified copy of this order.;