Allowed

Dipak Kumar Thru. Its Brother in Law Sri Virendra Kumar Gautam v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lucknow and 5 Others

Allahabad HC23 Jun 2023/4712/2023

Case brief

AI extract

What is this about?

Writ petition filed by a petitioner detained in District Jail Unnao seeking direction to authorities to allow him to appear for an examination for the post of Village Panchayat Officer held on 26.06.2023, to be borne at his own expense.

What did the court decide?

Respondent No. 4 directed to allow petitioner to appear in examination on 26.06.2023 from jail in police custody, expenses borne by petitioner.

Dipak Kumar Thru. Its Brother in Law Sri… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:41635

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Court No. - 3

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Case :- WRIT - A No. - 4712 of 2023

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Petitioner :- Dipak Kumar Thru. Its Brother In Law Sri Virendra Kumar Gautam Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lucknow And 5 Others Counsel for Petitioner :- Himanshu Shukla,Lalit Kishore Tiwari

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Counsel for Respondent :- C.S.C.,Gaurav Mehrotra

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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1.Heard learned counsel for the petitioner, Sri Hari Govind Upadhyay, learned Additional Chief Standing Counsel for the State-respondent nos. 1 to 5 and Sri Ran Vijay Singh, learned counsel for the respondent no. 6.

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By means of present writ petition, petitioner has prayed to issue, a writ, order or direction in the nature of MANDAMUS thereby commanding and directing to the opposite parties to facilitate the petitioner to appear in examination for giving examination held on 26.06.2023 from District Jail Unnao to Examination Center Mahadev Sarvoday Inter College, Faizabad-Raibarely Road Amona, Near Rani Bazar Ayodhya for the post of Village Panchayat OfÏcer/Village Development OfÏcer conducted by the opposite party no.6 for the post of Village Panchayat OfÏcer/Village Development OfÏcer in the interest of justice.

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Learned counsel for the petitioner has submitted that the applicant is detained in District Jail Unnao in Case Crime No. 382 of 2022, under Sections 302, 201, 364, 120B I.P.C., Police Station Dahi, District Unnao. It has been submitted by learned counsel for the petitioner that Provisional Admit Card for Advertisement no.-2-Exam (2018), Sammilit Gram Panchayat Adhikari, Gram Vikas Adhikari (S.K.) and Samaj Kalyan Paryavekshak (Samanya Chayan) Pratiyogitatmak Pariksha, 2018, has been provided through online to the petitioner by the Uttar Pradesh Subordinate Services Selection Commission, Lucknow. The admit card as well as schedule of said examination is annexed as Annexure-1 to the writ petition. Since the petitioner is detained in District Jail, Unnao, therefore, he is not able to attend the aforesaid examination. Learned counsel for the petitioner has requested that the petitioner may be permitted to appear in the examination, which is scheduled to be held on 26.06.2023, on his own expenses for which he is ready.

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On the other hand, Sri Hari Govind Upadhyay, learned Additional Chief Standing Counsel has submitted that in case the petitioner bears the entire expenses including

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transportation and other expenses, which is permissible under law, he may be allowed to appear in the aforesaid examination.

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Sri Ran Vijay Singh, learned counsel for the respondent no. 6 has no objection.

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In these circumstances, respondent no.4/ Superintendent of District Jail, Unnao is directed to allow the petitioner for attending the said examination and he will be sent in police custody from District Jail, Unnao to Examination Center Mahadev Sarvoday Inter College, Faizabad-Raibarely Road Amona, Near Rani Bazar Ayodhya to be scheduled on 26.06.2023 as mentioned in the prayer clause of the writ petition. The entire expenses of transportation and others expenses, which are admissible, will be borne out by the petitioner as per rules.

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The writ petition is disposed of accordingly.

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Let a certified copy of this order be given to learned counsel for the parties on payment of usual charges, today.

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Order Date :- 23.6.2023 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench

Dipak Kumar Thru. Its Brother in Law Sri Virendra Kumar Gautam v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lucknow and 5 Others

Case brief

What is this about?

What did the court decide?

Dipak Kumar Thru. Its Brother in Law Sri Virendra Kumar Gautam v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lucknow and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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