Dismissed

Smt. Shakuntla Devi v. State of U.P. and 2 Others

Allahabad HC24 Feb 2023WRIA/1370/2023

Case brief

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What is this about?

The court considered a writ petition for appointment on compassionate grounds after the petitioner's father-in-law died during service. Rejecting the claim due to significant delay and lack of fresh application, the court dismissed the petition relying on Supreme Court precedents.

What did the court decide?

Petition for appointment on compassionate grounds is dismissed with no direction to appoint the petitioner.

Smt. Shakuntla Devi Vs State of U.P. and 2… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 36

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Case :- WRIT - A No. - 1370 of 2023

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Petitioner :- Smt. Shakuntla Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharad Malviya,Akshayavar Nath Pandey

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Counsel for Respondent :- C.S.C.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the petitioner and learned standing counsel for the respondents.

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Learned counsel for the petitioner submitted that petitioner's father-in-law was working on the post of Cook at PAC Naini and during the course of his service, he died on 02.10.2005. After his death, husband of petitioner, being entitled for appointment on compassionate ground, moved representation before respondent No. 2, but no decision was taken on the representation, therefore, he filed writ petition No. 1255(S/S)2009, which was disposed of on 25.02.2009 with direction to respondent to take decision on the representation of husband of petitioner.

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Pursuant to order dated 25.02.2009, representation of husband of petitioner was decided on 28.07.2009, rejecting his claim for appointment. Against the said order, he has filed Writ A No. 13796 of 2016, which was dismissed on the ground that while submitting application for appointment on compassionate ground, husband of petitioner has played fraud, therefore, no interference is required in the order dated 28.07.2009 passed by respondent No. 2.

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He next submitted that as the the claim of husband of petitioner was rejected, therefore, petitioner is entitled for appointment on compassionate ground.

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Learned standing counsel pointed out that even after rejection of claim of husband of petitioner in the year 2009, her mother-in-law was given opportunity to submit fresh application, but no application has been filed. He further submitted that in light of judgment of of Apex Court passed in Punjab State Power Corporation Limited and others vs. Nirval Singh (2019) 6 SCC 774, State of J.K. and others vs. Sajad Ahmed Mir (2006) 5 SCC 766 and Steel Authority of India Vs. Gouri Devi passed in Civil Appeal No. 6910 of 2021 no appointment can be granted to

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petitioner on compassionate ground at this belated stage after 18 years from the date of death of the deceased employee.

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Learned counsel for the petitioner could not dispute the legal and factual submissions made by learned standing counsel.

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In view of such facts and circumstances of the case and in light of judgments passed by Apex Court, no appointment can be granted to petitioner on compassionate ground at this belated stage. Therefore the petition lacks merit and is accordingly dismissed .

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Order Date :- 24.2.2023 ADY

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Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad

Smt. Shakuntla Devi v. State of U.P. and 2 Others

Case brief

What is this about?

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Smt. Shakuntla Devi v. State of U.P. and 2 Others

Case brief

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What the court decided

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