Arti v. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and 2 Others

Allahabad HC27 May 2025WRIA/5886/2025

Case brief

AI extract

What is this about?

Writ petition for compassionate appointment and post-retirement benefits disposed of with directions to file fresh representation to Member Secretary, UP State Council of Higher Education within 15 days and for authority to decide within 2 months by speaking order.

What did the court decide?

Direction to file fresh representation to opposite party no.2 within 15 days; authority to decide representation by speaking reasoned order within 2 months ¶¶19

Arti vs State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:31620

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Court No. - 3

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Case :- WRIT - A No. - 5886 of 2025

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Petitioner :- Arti

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Higher Education Lko. And 2 Others Counsel for Petitioner :- Shishir Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Manik Sinha, learned Senior Advocate, assisted by Sri Shishir Yadav, learned counsel for the petitioner and Sri D.C. Pathak, learned Addl. Chief Standing Counsel for the State-opposite parties no.1 & 3.

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In view of the proposed order, notice to opposite party no.2 is hereby dispensed with as no one has appeared on behalf of opposite party no.2.

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By means of this petition, the petitioner has prayed following main reliefs:-

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"1. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith appoint the son of the petitioner, namely Ankit Chauhan, on compassionate grounds, on a post equivalent to that of her husband, on account of the sudden and unexpected demise of her husband;

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2. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith release the dues of the post-retirement benefits pending in the form of Family Pension, and Encashment of Earned Leave of the petitioner's Late Husband, together with compound interest @ 7 per cent per annum;

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3. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith release the due amount of Gratuity, together with interest @ 10 per cent per annum;

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4. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to publish the service rules and regulations of the Uttar Pradesh State Council of Higher Education."

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Learned counsel for the petitioner has submitted that for redressal of the aforesaid grievance, the petitioner has preferred representation to opposite party no.2, but to no avail. Learned Senior Advocate has further submitted that to the best of his understanding, there is no legal impediment in redressing the grievance of the petitioner for which this writ petition has been

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filed, therefore, direction may be issued to opposite party no.2 to take appropriate decision on the claim of the petitioner with expedition.

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Learned counsel for the opposite parties has no objection if direction for disposal of the representation is issued.

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Therefore, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to opposite party no.2 i.e. Member Secretary, Uttar Pradesh State Council of Higher Education, 6th Floor, 619, Indira Bhawan, Ashok Marg, Lucknow taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this order within a period of fifteen days from today. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, with expedition, say within a period of two months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith.

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Since the petitioner has prayed interest on the delayed payment of post retiral dues, therefore, the aforesaid grievance of the petitioner may also be redressed within aforesaid stipulated time and it is needless to say that if there is no legal impediment, the petitioner shall be paid her admissible dues and the compassionate appointment may be provided to the son of the petitioner.

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With the aforesaid direction, the writ petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 27.5.2025 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Arti v. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Arti v. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and 2 Others

Case brief

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What the court decided

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