Court No. - 18 Case :- WRIT - A No. - 71290 of 2009 Petitioner :- Smt. Meena Rani Singhal Respondent :- State Of U.P. & Others Petitioner Counsel :- Vinay Kumar Mishra Respondent Counsel :- C. S. C.,Ajay Kumar Sharma Hon'ble Sudhir Agarwal,J.
Heard counsel for the petitioner.
Counsel for the petitioner submitted that the petitioner has
made an application seeking voluntary retirement but no
order thereon has been passed. However, a perusal of the
application dated 02.06.2009, Annexure 3 to the writ petition
shows that it is a conditional letter given by the petitioner
seeking voluntary retirement provided her son is given
compassionate appointment. However, the petitioner’s
counsel could not show any provision whereunder any such
compassionate appointment is permissible in the State of U.P.
and the judgment of the Apex Court referred in the said letter
dated 02.06.2009 i.e., V. Shivamurthy vs. State of Andhra
Pradesh in Civil Appeal no. 4210 of 2003 decided on
12.08.2008 has no application in the State of U.P. There was
a scheme which provided for compassionate appointment if
an employee sought compulsory retirement on medical
ground having become incompetent to perform his duty. In
absence of any such provision in the State of U.P., no such
compassionate appointment is permissible.
Learned counsel for the petitioner however, submitted that
the petitioner may be permitted to make fresh application
without any condition seeking voluntary retirement. If the
petitioner is so advised, it is always open to him to make such
With the above observation, the writ petition is dismissed.
Order Date :- 5.1.2010