Dismissed

Shubham Mishra v. State of U.P. and 3 Others

Allahabad HC22 Aug 2022WRIA/6532/2022

Case brief

AI extract

What is this about?

In a writ petition seeking compassionate appointment for the petitioner, the Court disposed of the matter with liberty to the petitioner to submit a fresh representation supported by the order within two weeks for expeditious disposal under the relevant Rules.

What did the court decide?

Petitioner granted liberty to submit a fresh representation within two weeks for expeditious consideration of his claim under Rule 7 of the 1974 Rules.

Shubham Mishra Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 32

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Case :- WRIT - A No. - 6532 of 2022

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Petitioner :- Shubham Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- O.P. Tiwari 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 petitioner and learned Standing Counsel for respondents 1, 2, 3, 4 and 5.

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The following main prayer has been made in the petition :

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(I) Issue a writ, order or direction in nature of mandamus commanding to the concerned respondent to decided the claim of the petitioner, which is still pending for the compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 before the respondent no.4 (Annexure No.4).

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(II) Issue a writ, order or direction in nature of mandamus directing to the concerned respondent shall consider and examine the matter in question of the petitioner for giving him compassionate appointment in the light of the rules prescribed there under."

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It is submitted by learned counsel for the petitioner that father of the petitioner died in harness on 24.5.2021 due to illness while he was in service, leaving behind his wife and his son, i.e. the petitioner.

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Learned Standing Counsel submits that prior to his death, father of the petitioner had divorced his first wife and has remarried. It is submitted that the second wife of the late father of the petitioner is also interested for compassionate appointment.

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Learned counsel for the petitioner at this stage submits that the claim of the petitioner on this basis cannot be said to be barred under the U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974

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(hereinafter referred to as 1974 Rules). He submits that the petitioner has applied for appointment on compassionate ground within prescribed period of five years and is otherwise qualified and fulfills all other requisite qualifications and therefore, his application for compassionate appointment is required to be considered as per 1974 Rules, to which learned Standing Counsel has no objection.

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On due consideration to the argument advanced by petitioner's counsel and learned Standing Counsel for the State as also the 1974 Rules, particularly Rule 7 thereof, , the petition is disposed of with liberty to the petitioner to make a fresh representation to respondent No.2/competent authority within two weeks from today. If such a representation is made within the aforesaid period along with a certified copy of the present order, the same shall be considered and disposed of expeditiously and preferably within a further period of one month, in accordance with law, particularly Rule 7 of 1974 Rules.

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Order Date :- 22.8.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.08.22 17:15:28 IST Reason: Location: High Court of Judicature at Allahabad

Shubham Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shubham Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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