MUKESH SHUKLA AND ORS Vs. FATEH BAHADUR SINGH
LAWS(ALL)-2009-11-318
HIGH COURT OF ALLAHABAD
Decided on November 13,2009

Mukesh Shukla And Ors Appellant
VERSUS
FATEH BAHADUR SINGH Respondents

JUDGEMENT

- (1.) The following order was passed on 24.10.2009: The applicant along with large number of persons who were dependants of police personnels dying in harness had claimed compassionate appointment on the post of Sub Inspector/Platoon Commander on the basis of their educational and other qualifications. This claim was rejected which was subjected to challenge in several writ petitions including Writ Petition No. 4746 of 2008 connected with other petitions and after exchange of pleadings this Court vide order and judgment dated 27.8.2008 turned down the stand taken by the opposite parties and directed them to consider the applicants ignoring the resolution of the Recruitment Board and the said exercise was directed to be completed within three months from the date of production of a certified copy of this order. Despite service the orders were not complied forcing the applicants to file the present contempt petition.
(2.) Upon issuance of notice, initially a stand was taken that the judgment is in the process of compliance but that stopped midway forcing this Court to pass the following order on 25.5.2009: Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Siddarth Khare, on behalf of the applicants and Sri K.R. Singh, learned Standing counsel representing opposite party No. 3 to whom alone notice was issued. It has further been stated that it is the opposite party No. 3 who has to comply with the judgment of this Court, non compliance of which is alleged. Learned Single Judge of this Court vide judgment and order dated 07.08.2008 allowed the Writ Petition Nos. 4746 of 2008 and 63543 of 2008 filed by Mukesh Shukla and others and Amit Chaudhary respectively. The operative portion of the aforesaid judgment reads as follows: With the aforesaid direction both the writ petitions are allowed. Respondent No. 3 is directed to consider the petitioners for appointment on compassionate basis in accordance with law ignoring the above resolution of Recruitment Board, expeditiously without any further delay, preferably within a period of three months from the date of production of a certified copy of this order before him. There shall be no order as to costs.
(3.) Following the said decision large number of writ petitions have been filed, which were allowed in the light of the judgment and order dated 07.08.2008.;


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