Suraj Shukla Vs State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Suraj Shukla Vs State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 4 (Special Secretary, Karmik-2, Government of U.P., Lucknow) to take a final decision on the petitioner's case in accordance with law within two months from the date of receipt of a certified copy of the order.

Issue for consideration

Whether the State would take a decision on the petitioner's case for compassionate appointment in place of his deceased father, the case having been forwarded by the District Magistrate, Pratapgarh on 12.09.2024 and remaining undecided for more than seven months, with no satisfactory explanation provided for the delay. +1 more

Court's answer

The petition is disposed of, with the consent of the parties, with a direction to respondent no. 4 (Special Secretary, Karmik-2, Government of U.P., Lucknow) to take a final decision on the petitioner's case, in accordance with law, within a period of two months from the date of receipt of a certified copy of the order.

Key takeaways

Observation that although the District Magistrate, Pratapgarh, issued his letter on 12.09.2024, no decision had yet been taken by the State Government in respect of the petitioner's case, and no satisfactory explanation for the delay had been provided.obiter¶13

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 4976 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Hon'ble Karunesh Singh Pawar, J.; order dated 14.5.2025) filed by Suraj Shukla seeking compassionate appointment in place of his father, late Shashi Prakash Shukla, a Junior Assistant in the Collectorate Office, Pratapgarh, who died in harness on 15.10.2013 when the petitioner was a minor. The petitioner attained majority on 16.07.2024, whereupon the District Magistrate, Pratapgarh, vide letter dated 12.09.2024, forwarded his case to the Special Secretary, Government of U.P., in accordance with the U.P. Government Servant (Dependents) Compassionate Appointment Rules, 1974. Despite a lapse of more than seven months no decision had been taken, no satisfactory explanation for the delay was offered, and the case lay with the Department concerned for relaxation of the limitation period. With the consent of the parties, the Court disposed of the petition, directing respondent no. 4 - the Special Secretary, Karmik-2, Government of U.P., Lucknow, impleaded during hearing - to take a final decision on the petitioner's case in accordance with law within two months from receipt of a certified copy of the order.

Neutral Citation No. - 2025:AHC-LKO:28133

Court No. - 18

Case :- WRIT - A No. - 4976 of 2025

Petitioner :- Suraj Shukla

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 2 Others Counsel for Petitioner :- Kirti Kar Tripathi,Shrikant Tripathi Counsel for Respondent :- C.S.C.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and Ms. Deepshikha, learned Chief Standing counsel for the respondent nos. 1 to 3.

Learned counsel for the petitioner prays for and is permitted to implead the Special Secretary, Karmik-2, Government of U.P., Lucknow, in the array of parties as respondent no. 4.

By means of this petition, the petitioner seeks compassionate appointment in place of his father, late Shashi Prakash Shukla, who died in harness while serving as Junior Assistant in the Collectorate Office, Pratapgarh.

The submission of learned counsel for the petitioner is that at the time of the death of the petitioner's father, i.e., on 15.10.2013, the petitioner was a minor. He attained the age of majority on 16.07.2024. Thereafter, in accordance with the provisions of the U.P. Government Servant (Dependents) Compassionate Appointment Rules, 1974, the District Magistrate, Pratapgarh, vide letter dated 12.09.2024, forwarded the petitioner's case to the Special Secretary, Government of U.P., for necessary action. However, despite the lapse of more than seven months, no decision has been taken yet.

Learned Chief Standing Counsel, on the basis of written instructions, which are taken on record, submits that the case of the petitioner has been forwarded by the Special Secretary, Government of U.P., to the

Department concerned for relaxation of the limitation period, in order to consider the petitioner's claim for compassionate appointment in place of his deceased father. It is further submitted that the process of decisionmaking may take some time.

This Court has noticed that although the District Magistrate, Pratapgarh, issued the aforementioned letter on 12.09.2024, no decision has yet been taken by the State Government in respect of the petitioner's case. No satisfactory explanation has been provided for the delay.

In view of the submissions advanced and perusal of the record, the petition is disposed of , with the consent of the parties, with a direction to respondent no. 4 (Special Secretary, Karmik-2, Government of U.P., Lucknow) to take a final decision on the petitioner's case, in accordance with law, within a period of two months from the date of receipt of a certified copy of this order.

Order Date :- 14.5.2025

Madhu D.R/P.S

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench