Sandip Singh vs. Union Of INDIA Thru. Secy. Ministry Finance Deptt. Revenue New Delhi And 3 Others
Held
The Court, without entering into the merits of the case, directed the Commissioner, Central Board of Indirect Taxes and Customs, Goods and Services Tax, Lucknow (opposite party No.2), to consider and decide the petitioner's application dated May 20, 2019. This decision is to be made through a reasoned and speaking order within a period of six weeks from the date a certified copy of the Court's order is produced before the said authority. The petitioner is required to annex a copy of his application dated May 20, 2019, along with the certified copy of the Court's order. The Court did not decide on the petitioner's entitlement to compassionate appointment itself, but rather on the procedural step of considering his application.
Facts
The petitioner, Sandip Singh, sought a direction for compassionate appointment following the demise of his father, Ashok Kumar Singh, who passed away on October 21, 2017, while in service. The petitioner submitted an application for compassionate appointment on May 20, 2019, which remained pending. The respondents are the Union of India through the Secretary, Ministry of Finance, Department of Revenue, New Delhi, and three other authorities, including the Commissioner, Central Board of Indirect Taxes and Customs, Goods and Services Tax, Lucknow.
Key Issues
1. Whether the petitioner is entitled to compassionate appointment based on his eligibility and the pending application. Petitioner's Contention: The petitioner argued that he is duly eligible and qualified for compassionate appointment and that his application dated May 20, 2019, has been pending consideration. He sought a direction for his candidature to be considered. Revenue's Contention: The judgment does not record any specific arguments or contentions from the revenue or the opposite parties regarding the merits of the petitioner's claim for compassionate appointment. The court proceeded to pass an order based on the petitioner's prayer.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC-LKO:64896 Court No. - 20 Case :- WRIT - A No. - 7646 of 2023 Petitioner :- Sandip Singh Respondent :- Union Of India Thru. Secy. Ministry Finance Deptt. Revenue New Delhi And 3 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- A.S.G.I. Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and Mr. Varun Pandey, learned Counsel appearing on behalf of opposite parties.
Petition has been filed seeking a direction to opposite parties to consider his candidature for compassionate appointment in view of the fact that his father Ashok Kumar Singh passed away on 21.10.2017 while in service.
It is submitted that petitioner is duly eligible and qualified for compassionate appointment for which purpose he has submitted that an application dated 20.05.2019 which is still pending consideration.
Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No.2 i.e. Commissioner, Central Board of Indirect Taxes and Customs Goods and Services Tax, GST Bhavan, Hazratganj, Lucknow is directed to consider and decide the application dated 20.0
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