Disposed

Abhay Kumar Pandey v. State of U.P. and Another

Allahabad HC22 Aug 2022WRIA/12128/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking compassionate appointment and dues for the father who died in harness. It permitted the petitioner to file a detailed representation without adjudicating the merits of the claim.

What did the court decide?

Petitioner permitted to submit a detailed representation to concerned authorities regarding the claim for compassionate appointment.

Abhay Kumar Pandey Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 32 Case :- WRIT - A No. - 12128 of 2022 Petitioner :- Abhay Kumar Pandey Respondent :- State of U.P. and Another Counsel for Petitioner :- Mujib Ahmad Siddiqui Counsel for Respondent :- C.S.C.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioners and learned Additional C.S.C. for the State.

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By this petition, the petitioners has prayed for the following reliefs:-

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"issue writ, order or direction in the nature of mandamus commanding the respondent authorities to give the compassionate appointment to the petitioner Maccording to her qualification under Dying-in-Harness Rules as well as pay entire dues and compensation amount to the petitioner."

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Learned counsel for the petitioners submits that father of the petitioner namely Ashok Kumar Pandey was appointed on 01.10.1992 at Sirsi Bandh Prakhand, Mirzapur as daily wager on the post of Beldar. It is further submitted that he died working as a daily wager on 07.04.2015 due to serious illness leaving behind his wife Urmila Pandey and son Abhay Kumar Pandey (petitioner) as his dependents. Therefore, it is submitted that the petitioner is intermediate pass and his representation may be considered under dying in harness scheme. He has further submitted that most of the employees who were appointed with the father of the petitioner were regularized way back vide order dated 23.10.2011, however, the father of the petitioner was not regularized arbitrarily by the State Authorities.

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It is further submitted that petitioner has already given a representation for consideration of his appointment under The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. He has also relied on the judgment of this Court passed in "Smt. Priti Sharma Vs. State of U.P. reported in 2021(4) ESC 1555 (Allahabad)".

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Learned Standing Counsel has opposed the petition submitting that first of all the father of the petitioner was not a regular employee and secondly the application which has been given by the mother of the petitioner contained at page no. 22 is unsigned and undated. Delay in filing the petition has not been explained at all by the petitioner.

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On due consideration to the argument advanced as well as perusal of the record, so also the pleading made in the writ petition particularly the fact that vide order dated 13.10.2011, as contained in page no. 19, several similarly situated persons like the deceased father of the petitioner were regularized in the year 2011 and the petitioner's father was not regularized, in the interest of justice, without entering into merits of the case or otherwise of the claim of the petitioner, the petition is disposed of permitting the petitioner to submit a detailed representation to the concerned authorities.

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In case such a representation along with requisite particulars is presented before the competent authority, the same shall be duly inquired and shall be disposed of by passing a reasoned and speaking order dealing with the claim of the petitioner within a further period of eight months from the date of its receipt.

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It is clarified that the Court has not expressed any opinion upon the merits or otherwise the claim of the petitioner.

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Order Date :- 22.8.2022 RC

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Digitally signed by RAM CHANDER YADAV Date: 2022.08.24 09:39:01 IST Reason: Location: High Court of Judicature at Allahabad

Abhay Kumar Pandey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abhay Kumar Pandey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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