UPTET/ Allahabad Highcourt : If TET is mandatory then another JOB on compassionate Ground

UPTET/ Allahabad Highcourt : If TET is mandatory then another JOB on compassionate Ground

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 6
Case :- SERVICE SINGLE No. - 6042 of 2012
Petitioner :- Laxmi Narayan
Respondent :- State Of U.P. Through Secy. Basic Edu. Deptt. Lko. & Ors.
Petitioner Counsel :- Pankaj Pathak
Respondent Counsel :- C.S.C.,Rahul Shukla

Hon'ble Shabihul Hasnain,J.
Heard Sri Vinod Kumar Shukla, learned counsel for the petitioner, Sri Rahul Shukla for opposite party Nos. 2,3 and 5 as well as learned Chief Standing counsel for the opposite party Nos.1 and 4.
Petitioner was granted compassionate appointment after the death of his father on the post of Assistant Teacher on 7.9.2011. He says that the same is being sought to be taken away vide annexure No.2 dated 14.8.2012. Counsel for the opposite party says that that the petitioner has not qualified the Teachers' Eligibility Test (in short T.E.T). Petitioner says that once an appointment has been given to him in pursuance of a statutory law, the same can not be taken away. He further argues that T.E.T. is a written test, which should not be forced upon the petitioner for compassionate appointment.
On the other hand, Sri Rahul Shukla has placed before this Court judgment and order of this Court passed at Allahabad in a petition bearing Writ-A No.33828 of 2012. He says that benefit of this appointment can not be given to the petitioner unless he has qualified T.E.T. as has been held in aforesaid judgment.
Learned counsel for the petitioner has, however, submitted that the said order is under challenge in special appeal and his special appeal is pending before this Court at Allahabad. He says that compassionate appointemnt is a benevolent law which should be interpreted in all possible ways to help a person whose bread earner has been snatched away by the cruel hands of death. The sudden penury which strikes the family is sought to be nullified by the authorities under Dying in Harness Rules.
Under the circumstances, the petition is finally disposed of with a direction to the opposite parties to consider the case of the petitioner for the compassionate appointemnt on another suitable post for which the petitioner is eligible under Dying in Harness Rules applicable for appointment. The same shall be decided expeditiously, say within a maximum period of one month from the date a certified copy of this order is placed before him.
The termination of petitioner's services shall remain subject to the final decision of the special appeal which is pending before this Court at Allahabad.
Order Date :- 19.10.2012/RKM.

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2164535
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 6
Case :- SERVICE SINGLE No. - 5943 of 2012
Petitioner :- Vinay Kumar
Respondent :- State Of U.P., Thru. Secretary Basic Education & Others
Petitioner Counsel :- Vinay Mishra
Respondent Counsel :- C.S.C.,Rahul Shukla

Hon'ble Shabihul Hasnain,J.
Heard Sri Vinay Mishra, learned counsel for the petitioner as well as Sri Rahul Shukla for the Basic Shiksha Adhikari-opposite party No.5 as well as learned Chief Standing counsel for the opposite party Nos.1 and 4.
Petitioner was granted compassionate appointment after the death of his father on the post of Assistant Teacher on 3.9.2011. He says that the same is being sought to be taken away vide annexure No.1 dated 12.6.2012. Counsel for the opposite party says that that the petitioner has not qualified the Teachers' Eligibility Test (in short T.E.T). Petitioner says that once an appointment has been given to him in pursuance of a statutory law, the same can not be taken away. He further argues that T.E.T. is a written test, which should not be forced upon the petitioner for compassionate appointment.
On the other hand, Sri Rahul Shukla has placed before this Court judgment and order of this Court passed at Allahabad in a petition bearing Writ-A No.33828 of 2012. He says that benefit of this appointment can not be given to the petitioner unless he has qualified T.E.T. as has been held in aforesaid judgment.
Learned counsel for the petitioner has, however, submitted that the said order is under challenge in special appeal and his special appeal is pending before this Court at Allahabad. He says that compassionate appointemnt is a benevolent law which should be interpreted in all possible ways to help a person whose bread earner has been snatched away by the cruel hands of death. The sudden penury which strikes the family is sought to be nullified by the authorities under Dying in Harness Rules.
Under the circumstances, the petition is finally disposed of with a direction to the opposite parties to consider the case of the petitioner for the compassionate appointemnt on another suitable post for which the petitioner is eligible under Dying in Harness Rules applicable for appointment. The same shall be decided expeditiously, say within a maximum period of one month from the date a certified copy of this order is placed before him. 
The termination of petitioner's services shall remain subject to the final decision of the special appeal which is pending before this Court at Allahabad. 
Order Date :- 18.10.2012/RKM.
 Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2164539

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