Partly allowed

Mahish Kumar v. State of U.P. and 2 Others

Allahabad HC21 Sept 2023WRIA/15040/2023

Case brief

AI extract

What is this about?

This writ petition sought direction for compassionate appointment as the petitioner's father died in harness. The Allahabad High Court directed the Respondent to decide the application via a reasoned order within two months of receiving a certified copy of the judgment.

What did the court decide?

Direction to Respondent No.3 to consider and decide the application for compassionate appointment within two months of receiving a certified copy of this order.

Mahish Kumar Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:182621

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Court No. - 36

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Case :- WRIT - A No. - 15040 of 2023

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Petitioner :- Mahish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.,Gaurav Bishan

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Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No. 1 as well as Sri Gaurav Bishan, learned counsel appearing for the Respondents No. 2 and 3.

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Learned counsel appearing for the petitioner has submitted that father of the petitioner while working as Headmaster in Junior High School Samamai, Block- Sasni, District Hathras died-in-harness on 22.04.2021. It has further been submitted that being son of late Lalta Prasad, petitioner has filed an application on 05.08.2021 whereby he has requested for his compassionate appointment in place of his father.

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Learned counsel appearing for the petitioner has argued that petitioner is running from pillar to post since 05.08.2021 but till date, decision has not been taken in respect of compassionate appointment of the petitioner.

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It has further been argued by the learned counsel appearing for the petitioner that it is well settled proposition of law through catena of decisions rendered by Hon'ble Supreme Court that application for compassionate appointment should be considered and decided immediately and any delay caused in decision over the said application, may create obstacles in the right of the candidate to get compassionate appointment.

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On the other hand, Sri Gaurav Bishan, learned counsel appearing for the Respondent No. 3 has very fairly submitted that the ends of justice would be served if a direction is issued by this Court to the Respondent No. 3 to consider and decide the application of the petitioner for

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compassionate appointment within a fixed time frame.

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In view of the aforesaid submissions made by the learned counsels appearing for the parties, this Writ Petition is finally disposed of with a direction to the Respondent No. 3 to consider and decide the petitioner's application for compassionate appointment filed on 05.08.2021 by passing speaking and reasoned order within a period of two months form the date of presentation of certified copy of this order.

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Order Date :- 21.9.2023 A. Mandhani

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Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad

Mahish Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mahish Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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