U P STATE EMPLOYEE WELFARE CORPORATION, LUCKNOW AND ANOTHER Vs. ANKUR SRIVASTAVA AND OTHERS
LAWS(ALL)-2017-5-574
HIGH COURT OF ALLAHABAD
Decided on May 15,2017

U P State Employee Welfare Corporation, Lucknow And Another Appellant
VERSUS
Ankur Srivastava And Others Respondents

JUDGEMENT

- (1.) Heard Sri Anurag Vikaram, Advocate, for appellants and Sri Neerav Chitravanshi, Advocate, for petitioner-respondent no. 1.
(2.) Petitioner-Respondent no. 1's father was employed in U.P. State Employees Welfare Corporation and died on 20.05.2004. Widow of deceased employee made an application before appellants with respect to payment of certain dues on 13.03.2008 but no application was made for compassionate appointment on the ground of starvation or penurious conditions of family. There are two more applications on record, i.e., dated 20.01.2007 and 23.01.2008 made by widow of deceased employee in respect to payment of dues. Petitioner-respondent no. 1 claimed to have made application for compassionate appointment for the first time in 2009 and thereafter in 2012 but in the application of 2012, there was no mention of alleged application of 2009. Thereafter, one more applications was filed in 2016 seeking compassionate appointment and when the claim of petitioner-respondent no. 1 for compassionate appointment was rejected vide order dated 03.10.2016, he filed Writ Petition (S/S) No. 5255 of 2017 and learned Single Judge setting aside order passed by appellant rejecting claim for compassionate appointment, has directed to re-consider the claim of petitioner.
(3.) Learned counsel for petitioner-respondent no. 1 submitted that compassionate appointment was disallowed on the ground that financial condition of appellant-Corporation was not sound and as per Government Order during the period when compassionate appointment is considered, if financial condition does not permit, compassionate appointment shall not be made but in 2012 and onwards some appointments on compassionate basis have been made, therefore, he should also be given compassionate appointment.;


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