Ankit Kumar vs Union Of India & Ors.

Om Prakash VII, Member (J)

Shri S K Nigam, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents, are present. Although the instant case is listed under the heading of order / direction, with the consent of parties, the same is heard to be decided finally at this stage itself.

The instant original application has been filed by the applicant seeking appointment on compassionate grounds under the dying in harness rule.

I have heard learned counsel for the parties.

Learned counsel for the applicant submits that all the documents which are required by the respondents to consider his case for compassionate appointment, have been submitted from his end to the respondents. However, his representation dated 12.10.2022 is still lying pending for consideration before the respondents as no order has been passed on it till date nor has the applicant been given compassionate appointment. During the course of arguments itself, referring to the relief clause no. (B) of the OA, learned counsel for the applicant, submits that at this stage the applicant would be satisfied if the respondents are issued a direction to decide the aforesaid representation of the applicant in a time bound manner and by way of a reasoned and speaking order.

Learned counsel for the respondents vehemently opposes the prayer of the applicant’s counsel submitting that the instant case holds no merit and is liable to be dismissed accordingly.

In view of the limited prayer made by the applicant’s counsel, I am of the considered opinion that the instant OA is liable to be disposed of at this stage itself with a direction to the respondents to decide pending representation of the applicant.

Accordingly, the instant OA is disposed of at the admission stage itself. The competent authority amongst the respondents is hereby directed to decide the pending representation dated 12.10.2022 of the applicant within a period of three months from the date of receipt of certified copy of this order, by way of a reasoned and speaking order and in accordance with the statutory rules. The order passed in that regard shall be communicated to the applicant within a period of ten days from the date of its passing. Needless to say, I have not commented anything on the merits of the case nor examined the same.

All associated MAs stand disposed of. No costs.