Yash Bhardwaj vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Yash Bhardwaj vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued that the petitioner's pending application for compassionate appointment before respondent no.3 (Additional Sugar Commissioner, Uttar Pradesh, Lucknow) be considered and decided by passing a reasoned and speaking order, expeditiously, preferably within two months from the date of production of a certified copy of this order.

Issue for consideration

Whether a writ/order/direction in the nature of mandamus should be issued to the respondents to consider the petitioner's claim under the Dying in Harness Rules within stipulated time. +1 more

Court's answer

This Court directed that the petitioner's pending application for compassionate appointment be considered and decided by passing a reasoned and speaking order, expeditiously, preferably within two months from the date of production of a certified copy of this order.

Ratio / Principle

The Court identified the pending application as lying before respondent No.3, the Additional Sugar Commissioner, Uttar Pradesh, Lucknow, whose consideration of it was directed.

Detailed headnote1 paragraphs

WRIT - A No. 3321 of 2025 (Allahabad High Court, Vikram D. Chauhan, J., Order Date 18.3.2025). Petitioner Yash Bhardwaj prayed for mandamus directing the respondents to consider his claim under the Dying in Harness Rules and to consider his application for compassionate appointment within time in consonance with The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness (Eleventh Amendment) Rules, 2014. His application, filed after obtaining a succession certificate from the court of competent jurisdiction, was pending undecided before respondent no.3, Additional Sugar Commissioner, Uttar Pradesh, Lucknow. Learned Standing Counsel undertook that the application would be decided in accordance with law in a time bound manner. The Judge directed that the pending application be considered and decided by passing a reasoned and speaking order, expeditiously, preferably within two months from the date of production of a certified copy of the order, and disposed of the writ petition.

Neutral Citation No. - 2025:AHC:37884

Court No. - 7

Case :- WRIT - A No. - 3321 of 2025

Petitioner :- Yash Bhardwaj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prateek Kumar Counsel for Respondent :- C.S.C.

Hon'ble Vikram D. Chauhan,J.

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

The present writ petition is filed with the following prayer:

"i. Issue a writ order or direction in the nature of mandamus directing the respondents to consider the claim of the petitioners under the Dying in Harness Rules within stipulated time as prescribed by this Hon'ble Court.

ii. Issue a writ, order or direction in the nature of Mandamus commanding the Respondents to consider the application of the petitioner for compassionate appointment within time in consonance with The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness (Eleventh Amendment) Rules, 2014."

It is submitted by learned counsel for the petitioner that application of the petitioner for compassionate appointment is pending consideration before respondent no.3. He submits that petitioner had applied after obtaining succession certificate from the court of competent jurisdiction. It is submitted that application of petitioner till date has not been decided. The direction may be issued for expeditious disposal of the same.

Learned Standing Counsel submits that application of the petitioner would be decided, in accordance with law, in a time bound manner.

Considering the facts and circumstances of the case, it is hereby directed that application of the petitioner for compassionate appointment, which is pending before respondent No.3-Additional Sugar Commissioner, Uttar Pradesh, Lucknow, be considered and

decided by passing a reasoned and speaking order, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order.

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

Order Date :- 18.3.2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad