Petitioner sought compassionate appointment for her deceased husband. Court disposed of the writ petition conditionally, directing the petitioner to file a fresh representation and the authority to decide within six weeks.
Directed petitioner to file fresh representation; respondent to decide within six weeks.
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Court No. - 3
Case :- WRIT - A No. - 16853 of 2019
Petitioner :- Smt. Archana Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Girja Shanker Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents no.1, 2 & 3. Sri A.K. Yadav, learned counsel for the respondent no.4 is not present even in revised call.
Husband of the petitioner namely Nirendra Kumar Shukla was working as Headmaster in Primary School, Tandariya, Vikas Khand Uruwa, Tehsil Meja, District Prayagraj and he died on 19.10.2017. The petitioner applied for compassionate appointment under Dying in Harness Rules. The respondent no.4 has written a letter dated 23.01.2019 to the petitioner offering her appointment on Class IV post.
Learned counsel for the petitioner has submitted that there is vacancy of Class III post in Primary School on which petitioner can be accommodated but the respondent no.4 deliberately is not accommodating the petitioner. He submits that the petitioner has submitted a representation on 24.04.2019 to the respondent no.4 seeking her appointment on Class III post but her representation has not been decided yet.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending, and an appropriate direction be issued to respondent no.4 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into merits of the case and with the consent of the parties, the writ petition is disposed of with direction to the petitioner to file a fresh representation before the respondent no.4-District Basic Education Officer, Prayagraj raising all her grievances within a period of two weeks from today. In case any such representation is filed, the respondent no.4 shall consider and decide the same by a reasoned and speaking order within a period of six weeks thereafter.
With the aforesaid observations, the writ petition is disposed off .
Order Date :- 22.11.2019 S.Sharma
Smt. Archana Shukla
State Of U.P.
Saral Srivastava
As recorded by the court registry
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