Disposed

Mohd Afaque Khan v. State of Up and 3 Others

Allahabad HC29 Aug 2024WRIA/12211/2024

Case brief

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What is this about?

The court disposed of a writ petition seeking direction for compassionate appointment. Relying on party consent, it directed the University Vice Chancellor to decide a fresh representation within two months, issued a certified copy of the order, without adjudicating merits.

What did the court decide?

Directed Vice Chancellor to decide fresh representation within two months by reasoned order; court disposed of petition without adjudicating merits.

Mohd Afaque Khan vs State of Up and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:138426

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Court No. - 9

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Case :- WRIT - A No. - 12211 of 2024

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Petitioner :- Mohd Afaque Khan Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Brajesh Kumar Singh Counsel for Respondent :- C.S.C.,Dhananjay Awasthi,Shashank Shekhar Singh

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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Sri Dhananjay Awasthi, learned counsel has accepted notice on behalf of respondent no.2 and Sri Shashank Shekhar Singh, learned counsel has accepted notice on behalf of respondents no.3 and 4.

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This writ petition has been filed with the following prayers:-

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"a. To issue a writ order or direction in the nature of mandamus commanding and directing to respondents to appoint the petitioner on any suitable post under dying in harness rules as scheme provided by State Government.

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b. To issue a writ order or direction in the nature of mandamus commanding and directing to respondents to decide the representation dated 21.06.2022 moved by the petitioner within specific and reasoned order."

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It is contended by learned counsel for the petitioner that father of the petitioner late Ahmad Salman Khan was initially appointed on the post of Ex-Security Supervisor in the Aligarh Muslim University, who had unfortunately died on 19.01.2017. An application for grant of compassionate appointment has been moved, which is pending consideration.

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Learned counsel for the petitioner submits that he will be moving a fresh application before the Vice Chancellor, Aligarh Muslim University along with the certified copy of this order, within 15 days from today.

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As no useful purpose would be served in keeping the writ petition pending, with the consent of the parties, the matter is being disposed of at this stage without calling for counter affidavit.

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In case, the petitioner moves a fresh representation along with certified copy of this order within 15 days from today, respondent no.3- Vice Chancellor, Aligarh Muslim University shall decide the same strictly in accordance with law by a reasoned and speaking order within a period of two months from the date of production of certified copy of this order, if there is no legal impediment.

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With the aforesaid observation/direction, present writ petition stands disposed of.

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It is made clear that this Court has not adjudicated the case on merit.

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Order Date :- 29.8.2024

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SK Goswami

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Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Mohd Afaque Khan v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Mohd Afaque Khan v. State of Up and 3 Others

Case brief

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What did the court decide?

What the court decided

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