Smt. Sashibala Vs State of U.P. Thru. Chief Secy. of Directorate of Geology and Mining, Lko. and Another — Allahabad HC (2024) — LawSathi Research

Smt. Sashibala Vs State of U.P. Thru. Chief Secy. of Directorate of Geology and Mining, Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to submit a fresh representation before respondent no.2 (Director, Directorate of Geology & Minerals Department, Uttar Pradesh, Lucknow) within two weeks; respondent no.2 to decide it by a reasoned and speaking order in accordance with law and relevant rules within a further period of 6 weeks.

Issue for consideration

Whether the petitioner is entitled to the reliefs sought in the writ petition concerning her daughter-in-law Smt Vijay Lakshmi, appointed on compassionate grounds after the death of the petitioner's son Rohit Kumar, who allegedly is not supporting the family of the deceased employee.

Court's answer

If the petitioner submits a representation within two weeks before respondent no.2 (Director, Directorate of Geology & Minerals Department, Uttar Pradesh, Lucknow), respondent no.2 shall endeavour to decide it by a reasoned and speaking order in accordance with law and the relevant rules within a further period of 6 weeks from the date of submission of the representation along with certified copy of the order.

Key takeaways

This Court has not gone into the merits of the claim set forth by the petitioner.obiter¶11

Detailed headnote1 paragraphs

Smt. Sashibala v. State of U.P. (WRIT - A No. 3183 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Abdul Moin, J., decided 24.4.2024): Writ petition contending that after the death of the petitioner's son Rohit Kumar, his wife Smt Vijay Lakshmi was appointed on compassionate grounds but was not supporting the family of the deceased employee. With consent of counsel the petition was finally decided without examining the merits: the petitioner was permitted to submit a fresh representation before respondent no.2 (Director, Directorate of Geology & Minerals Department, Uttar Pradesh, Lucknow) within two weeks, to be decided by a reasoned and speaking order in accordance with law and the relevant rules within a further period of six weeks. Writ petition disposed of; the Court expressly did not go into the merits of the claim.

Neutral Citation No. - 2024:AHC-LKO:31945

Court No. - 6

Case :- WRIT - A No. - 3183 of 2024 Petitioner :- Smt. Sashibala Respondent :- State Of U.P. Thru. Chief Secy. Of Directorate Of Geology And Mining, Lko. And Another Counsel for Petitioner :- Brijesh Kumar Verma Counsel for Respondent :- C.S.C.

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and learned Standing Counsel for respondents no. 1 and 2.

With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.

The instant writ petition has been filed contending that after the death of son of the petitioner namely Rohit Kumar his wife Smt Vijay Lakshmi has been appointed on compassionate grounds. Subsequent thereto she is not supporting the family of the deceased employee and hence the writ petition.

After arguing the matter at some length, learned counsel for the petitioner submits that with regard to the reliefs sought in the writ petition, the petitioner may be permitted to submit a fresh representation before the respondent no.2 i.e. Director, Directorate of Geology & Minerals Department, Uttar Pradesh, Lucknow which may be directed to be decided within a time frame fixed by this Court to which learned Counsel for the respondents has no objection.

In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before respondent no.2 then respondent no.2 shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of 6 weeks from the date of submission of the representation along with certified copy of this order.

With the aforesaid direction, writ petition is disposed of .

It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

Order Date :- 24.4.2024 J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench