Disposed¶13

Ravi Bhushan Kushwaha v. State of U.P. and 4 Others

Allahabad HC4 Aug 2025WRIA/10957/2025

Case brief

AI extract

What is this about?

Dying-in-harness compassionate appointment; Assistant Teacher Primary School; UP Basic Education Board Secretary (respondent no.3) directed to decide pending online application by reasoned and speaking order within four weeks after hearing; District Basic Education Officer Amroha letter dated 03.03.2025; writ disposed without opinion on merits; Neutral Citation 2025:AHC:130751; Allahabad High Court; Manju Rani Chauhan, J.

What did the court decide?

Mandamus-style direction to respondent no.3, Secretary, UP Basic Education Board, Prayagraj, to decide the petitioner's compassionate-appointment (dying-in-harness) application for the post of Assistant Teacher by a reasoned and speaking order after giving her a proper opportunity of hearing, preferably within four weeks, if there is no legal impediment; no opinion expressed on merits.

Ravi Bhushan Kushwaha vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued to the authority concerned (respondent no.3) to take a decision on the petitioner's pending application for appointment on compassionate ground (dying-in-harness) to the post of Assistant Teacher in Primary School.

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Court's answer

The writ petition is disposed of with a direction to respondent no.3, Secretary, UP Basic Education Board, Prayagraj, to take a decision and pass appropriate order on the petitioner's application for appointment on compassionate ground to the post of Assistant Teacher, in accordance with law, by a reasoned and speaking order, after giving proper opportunity of hearing to the petitioner, as expeditiously as possible, preferably within four weeks, if there is no legal impediment.

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Ratio / Principle

The direction was issued considering the facts and circumstances of the case, without expressing any opinion on the merits of the case set up on behalf of the petitioner.

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Detailed headnote1 paragraphs

Allahabad High Court (WRIT - A No. 10957 of 2025, decided 4.8.2025, Hon'ble Mrs. Manju Rani Chauhan, J.) disposed of a writ petition by Ravi Bhushan Kushwaha, whose husband died in harness in 2021 and who had applied online for compassionate appointment as Assistant Teacher in a Primary School, with no decision taken by respondent no.3. Without expressing any opinion on merits, the Court directed respondent no.3, Secretary, UP Basic Education Board, Prayagraj, to take a decision and pass a reasoned and speaking order on the application in accordance with law after giving the petitioner proper opportunity of hearing, preferably within four weeks, if there is no legal impediment. No statute or precedent was cited; no order was quashed and no quantum involved.

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Neutral Citation No. - 2025:AHC:130751

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Court No. - 52

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Case :- WRIT - A No. - 10957 of 2025

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Petitioner :- Ravi Bhushan Kushwaha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Shukla,Nikhil Singh Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Satyendra Chandra Tripathi, learned counsel for the petitioner, Mr. Nagendra Kumar Pandey, learned counsel for respondent-BSA and learned Standing Counsel for the Staterespondents.

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

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"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to take decision on the letter dated 03.03.2025 send by District Basic Education Officer, Amroha, by which guidelines has been asked for appointment of the petitioner on the post of Assistant Teacher in Primary School under dying-inharness.

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(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to appoint the petitioner on the post of Assistant Teacher in Primary School under dying-in-harness."

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Learned counsel for the petitioner submits that petitioner's husband died in the year 2021 under dying in harness. The petitioner has applied, through online, for appointment on compassionate ground on the post of Assistant Teacher as she is qualified for the same but the respondent no.3 has not taken any decision till date. Therefore, a direction may be issued to the authority concerned to take decision on the application pending before him and pass appropriate orders.

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Learned counsel for the respondent-BSA could not dispute the aforesaid fact.

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Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed with a

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direction to the respondent no.3 Secretary, UP Basic Education Board, Prayagraj to take decision and pass appropriate order on the application given by the petitioner for appointment on compassionate ground on the post of Assistant Teacher, in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of four weeks from today, if there is no legal impediment.

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Order Date :- 4.8.2025 Rahul.

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

Ravi Bhushan Kushwaha v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Ravi Bhushan Kushwaha v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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