Pushpa Vs State of U.P. Thru. Prin. Secy. Deptt. of Tech. Edu. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Pushpa Vs State of U.P. Thru. Prin. Secy. Deptt. of Tech. Edu. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to opposite party no. 3 (Principal, Sanjay Gandhi Government Polytechnic, Jagdishpur, Amethi) to decide the petitioner's grievance on compassionate appointment and payment of service dues of late Dharam Chandra expeditiously within eight weeks of a certified copy of the order being produced, after affording opportunity of hearing to opposite party no. 4 (Smt. Dhanpata Devi); no substantive appointment or payment ordered at this stage.

Issue for consideration

Whether opposite parties should ensure the petitioner's appointment on compassionate basis in terms of the Uttar Pradesh Dependents of Government Servants Dying-in-Harness Rules, 1974, along with payment of dues of her late husband Dharam Chandra. +1 more

Court's answer

Without entering into merits, opposite party no. 3, i.e. the Principal of Sanjay Gandhi Government Polytechnic, Jagdishpur, Amethi, was directed to decide the petitioner's grievance pertaining to compassionate appointment and payment of service dues of late Dharam Chandra.

Ratio / Principle

The said decision is to be taken expeditiously within a period of eight weeks from the date a certified copy of the order is produced before the concerned authority, after affording an opportunity of hearing to opposite party no. 4, Smt. Dhanpata Devi.

Key takeaways

In view of the order being passed, notice to opposite party no. 4 stood dispensed with.obiter¶6

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. - 7040 of 2025, decided 3.7.2025, Lucknow Bench, Court No. 18, Hon'ble Manish Mathur, J.) filed by Pushpa, whose husband late Dharam Chandra died in service on 15.12.2024 while employed with Sanjay Gandhi Government Polytechnic, Jagdishpur, Amethi, U.P., seeking appointment on compassionate basis in terms of the Uttar Pradesh Dependents of Government Servants Dying-in-Harness Rules, 1974 and payment of her late husband's dues; her application dated 27.01.2025 had remained pending and admissible dues unpaid. Counsel restricted the prayer to a final decision on the application. Without entering into merits, the petition was disposed of by directing opposite party no. 3 (Principal of the Polytechnic) to decide the grievance on compassionate appointment and payment of service dues expeditiously within eight weeks from production of a certified copy of the order, after affording opportunity of hearing to opposite party no. 4, Smt. Dhanpata Devi; notice to opposite party no. 4 was dispensed with in view of the order passed.

Neutral Citation No. - 2025:AHC-LKO:37408

Court No. - 18

Case :- WRIT - A No. - 7040 of 2025 Petitioner :- Pushpa Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Tech. Edu. Lko. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel for opposite parties no. 1 to 3.

In view of order being passed, notice to opposite party no.4 stands dispensed with.

Petition has been filed seeking a direction to opposite parties to ensure appointment of petitioner on compassionate basis in terms of the Uttar Pradesh of Dependents of Government Servants Dying-in Harness Rules, 1974 and also for payment of dues of petitioner's husband late Dharam Chandra within a stipulated time period.

It has been submitted that petitioner's husband was employed with Sanjay Gandhi Government Polytechnic, Jagdishpur, Amethi, U.P. and died in service on 15.12.2024 whereafter petitioner filed an application for compassionate appointment on 27.01.2025, which is yet pending consideration and even dues admissible to petitioner have not yet been paid.

At present learned counsel for petitioner restricts his prayer for a final decision upon the application so made.

Considering innocuous prayer being made by learned counsel for petitioner and without entering into merits of the case, opposite party no.3 i.e. Principal, Sanjay Gandhi Government Polytechnic, Jagdishpur, Amethi is directed to decide petitioner's grievance pertaining to compassionate appointment and payment of service dues of late Dharam Chandra expeditiously within a period of eight weeks from the date a certified copy of this order is produced before the concerned authority after affording an opportunity of hearing to opposite party no. 4 i.e. Smt. Dhanpata Devi as well.

With aforesaid directions, petition stands disposed of .

Order Date :- 3.7.2025 Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench