SUDHIR AGARWAL,J. - (1.) Learned Standing Counsel for appellant is present. None appeared on behalf of respondent though called in revise, hence we proceed to decide the appeal finally after hearing learned Standing Counsel.
(2.) This intra-Court appeal under Chapter VIII, Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgment dated 06.11.2003 passed by learned Single Judge in Writ Petition No.30079 of 2002 disposing of the same and declaring that petitioner-respondent, Bal Ram, is entitled for compassionate appointment as dependent of deceased employee, hence, direction has been issued to appellant to take step for compassionate appointment of petitioner-respondent, expeditiously, within a period of three months from the date of production of a certified copy of the judgment.
(3.) The facts relevant for adjudication of this appeal are that petitioner- Bal Ram's father Asha Ram was appointed as Tube Well Assistant on 22.10.1992. He was further appointed as Gram Vikas Adhikari in District Kaushambi vide order dated 14.05.1999 passed by Collector and vide order dated 31.7.1999, posted in Gram Panchayat Bhadwan as "Gram Panchayat Vikas Adhikari" (hereinafter referred to as "GPVA"). While working as GPVA , petitioner's father died on 10.09.2000. Petitioner then moved an application requesting for compassionate appointment, but, it was rejected vide order dated 19.10.2000, which was challenged in Writ Petition No.18459 of 2001. The writ petition was allowed vide judgment dated 14.5.2001 and order dated 19.10.2000 was quashed. This Court directed Executive Engineer to reconsider claim of petitioner for compassionate appointment in the light of appointment order dated 31.7.1999 appointing petitioner's father as 'GPVA'. A modification application was filed by petitioner seeking correction in judgment and instead of Executive Engineer, direction was requested to be given to District Magistrate, Kaushambi, who had appointed petitioner's father as GPVA. The judgment dated 14.5.2001 was modified on 31.08.2001.;