Disposed

Aman Kumar Sharma and Another v. State of U.P. and 3 Others

Allahabad HC22 May 2023WRIA/6313/2023

Case brief

AI extract

What is this about?

This single-judge bench of Allahabad High Court disposed of a writ petition by directing the District Basic Education Officer, Ghazipur, to decide a pending representation for compassionate appointment within two months, setting aside merit evaluation by the court.

What did the court decide?

Directed Respondent No. 4 to decide pending compassionate appointment representation within two months.

Aman Kumar Sharma and Another Vs State of… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:111645

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Court No. - 36

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Case :- WRIT - A No. - 6313 of 2023

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Petitioner :- Aman Kumar Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Pratap Gautam Counsel for Respondent :- C.S.C.,Archana Singh,Bipin Bihari Pandey

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Jitendra Pratap Gautam, learned counsel for the petitioners, learned Standing Counsel for the State-respondent nos. 1 and 2, Smt. Archana Singh, learned counsel representing the respondent no. 3 and Shri Bipin Bihari Pandey, learned counsel, representing the respondent no. 4.

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The petitioners, who are son and widow of late Kamla Prasad Sharma, who was working as Assistant Teacher in Primary Vidyalaya, Bhadesar, Thana-Mohammdabad, District Ghazipur, stated to have died in harness on 04.04.2020, has approached this Court seeking issuance of a writ of mandamus commanding the respondents to appoint the petitioner no. 1 on compassionate grounds, in accordance with law, under Dying in Harness Rules, 1974, on any suitable post, according to his educational qualification. A further prayer to direct the respondents to consider and decide the representation of the petitioners, has also been made.

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At the very outset, learned counsel for the petitioners, submits that the claim for compassionate appointment, consequent to the death of employee, has been made by representation dated 31/29.03.2023, filed by the petitioner no. 1, which is stated to be pending consideration and the purpose of filing this writ petition would be served if directions are issued to the respondent No. 4, District Basic Education Officer, Ghazipur, to pass appropriate orders on the pending representation of the petitioner.

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Learned counsel appearing for the respondents submit that they have no objection to the aforesaid proposition.

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Considering the submissions advanced, this Court is of the opinion that no useful purpose would be served by keeping the

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writ petition pending and the issue as regards the grant of compassionate appointment to the petitioner no. 1 can be better addressed by the respondent no. 4 at the first instance. Accordingly, the writ petition is disposed of requiring the respondent No. 4, District Basic Education Officer, Ghazipur, seized with the representation of the petitioner dated 31/29.03.2023, moved by the petitioner no. 1, to pass appropriate orders thereon, after considering all aspects of the matter, strictly in accordance with law, preferably within a period of two months from the date of service of a certified copy of the order of this Court.

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Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the respondent No. 4, District Basic Education Officer, Ghazipur, to pass appropriate orders, in accordance with law.

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Order Date :- 22.5.2023 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Aman Kumar Sharma and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Aman Kumar Sharma and Another 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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