Laxmi Gupta Vs the U.P. Power Corporation Ltd. Lko. Thru. Director and 3 Others

Neutral Citation No. - 2025:AHC-LKO:14192

Court No. - 5

Case :- WRIT - A No. - 1263 of 2022 Petitioner :- Laxmi Gupta Respondent :- The U.P. Power Corporation Ltd. Lko. Thru. Director And 3 Others Counsel for Petitioner :- Sunendra Kumar Counsel for Respondent :- Alok Saran,Karuna Kant Gupta,Rajesh Kumar Kashyap,Rajesh Kumar Pal

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alongwith

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Case :- WRIT - A No. - 4131 of 2022 Petitioner :- Km. Jyoti Gupta Respondent :- U.P. Power Corporation Ltd. Shakti Bhawan Thru. Director And 4 Others Counsel for Petitioner :- Karuna Kant Gupta,Ram Kishor Counsel for Respondent :- Alok Saran,Sunendra Kumar

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Hon'ble Abdul Moin,J.

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1. Heard learned counsel for the petitioner, Shri Jyotindra Pathak, Advocate, holding brief of Shri Alok Saran, learned counsel for the respondent no. 1 to 4 and Shri Rajesh Kumar Pal, learned counsel for the respondent no. 5.

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2. Learned counsel for the parties contend that the issue involved in WRIT - A No. - 1263 of 2022 and WRIT - A No. - 4131 of 2022 are the same. As such, the Court proceeds to hear both the writ petitions together. For convenience, facts of Writ A No. 1263 of 2022 are being taken.

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3. One Shri Deepak Gupta, who was the employee of U.P. Power Corporation Ltd died in harness on 06.05.2021 due to Covid-19. The widow and daughter of the deceased employee are before this Court by means of the writ petitions claiming compassionate appointment. The respondents vide the order impugned dated NIL, a copy of which is annexure 1 to the writ petition after examining the case of both the widow and the daughter has indicated that as there is dispute pending between the parties, consequently after the dispute is settled then further order pertaining to compassionate appointment could be passed.

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4. The contention of learned counsel for the both the widow and daughter are that the rules governing the compassionate appointment in the respondent corporation namely Vidyut Parishad Ki Mritak Ashrit Niyamawali, 1975 clearly give the procedure in Rule 7 of the Rules that where more than one member of the family seeks employment then the head of the office shall decide about the suitability of the person for giving employment which decision will be taken keeping in view the overall interest of welfare of entire family particularly the widow and the minor and adults thereof.

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5. The prayer is that once Rule 7 of the Rules provides the head of department to take a decision in the matter as such a direction be issued to the head of department to take a decision regarding the claim of compassionate appointment of the petitioner widow as well as the daughter of the deceased employee.

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6. The aforesaid rule position is accepted by learned counsel for the respondents.

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7. Considering the aforesaid, the writ petition is disposed of with a direction to the head of the office to consider the claim of the widow as well as the daughter of the deceased employee or any other dependent family member who seeks compassionate appointment in accordance with law and relevant rules and pass an order upon the same which order would be passed within a period of six weeks from the date of receipt of a certified copy of this order.

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8. For the purpose of passing of the said order the head of office shall issue a notice to the widow as well as the daughter or other claimants who might be claiming compassionate appointment.

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9. Let the notice be issued within a period of one week from the date of receipt of a certified copy of this order and thereafter the head of office shall proceed to pass order in terms of order passed by this Court.

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10. It would be open for the widow and daughter of the deceased employee to place reliance on whatever rule or judgement as may be available to them and would have applicability in the facts of the case which would be considered by the respondents.

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Order Date :- 7.3.2025 J. K. Dinkar

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

Laxmi Gupta v. the U.P. Power Corporation Ltd. Lko. Thru. Director and 3 Others

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Laxmi Gupta v. the U.P. Power Corporation Ltd. Lko. Thru. Director and 3 Others

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