Suman Pandey v. General Manager (Karmik) U. P. State Road Transport Corp.
2016-02-22
A.P.SAHI, ATTAU RAHMAN MASOODI
body2016
DigiLaw.ai
JUDGMENT 1. Heard the learned counsel for the appellant and Sri Chandra Shekhar Pandey for the respondent Corporation. 2. The appellant was appointed on compassionate basis on the strength of a certificate issued by the Hindi Sahitya Sammelan. Later on, her services were dispensed with and she was not allowed to work on the ground that the certificate possessed by her was not equivalent to the High School examinations of the U.P. Board. Writ petition was filed by the appellant and an interim order was passed on 8.3.1994. By virtue of the said interim order, the appellant continued as a class IV employee in the respondent Corporation till the writ petition came to be finally dismissed on 30.7.2015 at the stage of final hearing. 3. It is evident that the dismissal of the writ petition caused great hardship to the appellant for no fault on her part inasmuch as she had been offered appointment on the basis of the certificate she was in possession of. 4. Secondly, perusal of her claim made in the writ petition also indicates that the appellant had prayed for an alternative relief that she be given appointment on a suitable post befitting her qualifications. By virtue of the dismissal of the writ petition, the appellant has lost her entire livelihood and, therefore, in our, prima facie, view this is one of such hard cases where a widow has now been shown the way out by virtue of the dismissal the writ petition without considering her alternative prayer. 5. We accordingly direct Sri Chandra Shekhar Pandey to assist the Court in order to provide alternative employment to the appellant or else the Court will proceed on its own to deal with the issue. 6. Put up on Monday next i.e. 29.2.2016. 7. Copy of this order be supplied to Sri Pandey to enable him to assist the Court accordingly.