Vinay Pandey vs State of U.P. Thru. Prin. Secy. Deptt. Gramya Vikas Lko. and 4 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 3561 of 2026

Vinay Pandey

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Lko. And 4 Others	Gramya	Vikas	.....Respo
Counsel for Petitioner(s)	:	Sanjay	Kumar Singh
Counsel for Respondent(s)	:	C.S.C.

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.....Respondent(s)

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Court No. - 32

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HON'BLE VIKAS BUDHWAR, J.

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Heard Shri Sanjay Kumar Singh, learned counsel for the writ petitioner and Shri Rannvijay Singh, Additional Chief Standing Counsel for the State.

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The Court entertained the writ petition on 23.04.2026 pursuant whereto, the matter is before this Court today.

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A statement has been made by the Additional Chief Standing Counsel that he is well equipped with instructions and he is in a position to argue the matter. With the consent of the parties, the petition is being decided at the fresh stage.

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The case of the petitioner is that the father of the petitioner, namely Late Shiv Pujan Pandey, was a contractual employee in the MGNREGA scheme, who was appointed as a Technical Assistant who on account of pandemic relating to COVID-19 expired on 28.04.2021. Thereafter, on 14.07.2021, the mother of the writ petitioner preferred an application for according compassionate appointment to the writ petitioner herein, thereafter on 05.08.2021, the respondent no. 5, Block Development Officer, Block, Dhanpatganj, District Sultanpur, referred the matter before respondent no. 3, Chief Development Officer/Additional District Programme Officer, MGNREGA, Sultanpur, recommending the claim of the petitioner for compassionate appointment. Thereafter, respondent no. 4, Deputy Commissioner, MGNREGA, on 28.09.2021, got an investigation conducted regarding the veracity and the genuineness of the death certificate depicting the death of the father of the petitioner. On 28.01.2022, the Chief Medical Superintendent, Sultanpur apprised the Deputy Commissioner, MGNREGA that the death certificate is genuine and thereafter, on 24.05.2022, the Block Development Officer, Block Dhanpatganj submitted a report in favour of the petitioner with respect to ex-gratia payment as well. According to the

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WRIA No. 3561 of 2026

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petitioner, though on 05.08.2021 there happens to be a recommendation for appointment of the petitioner, but till date the petitioner has not been issued a formal appointment order and also joining in that regard.

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The prayer in the petition is for a direction to the Chief Development Officer, Sultanpur/Additional District Program Officer, MGNREGA to accord compassionate appointment and joining to the petitioner.

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This Court entertained the petition on 23.04.2026 while passing the following order.-

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"1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record.

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2. Heard Sri Sanjay Singh, learned counsel for the petitioner and Sri Ranvijay Singh, learned counsel for the respondents.

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3. Learned counsel for the petitioner submits that father of the petitioner was working under the kind control of respondent authorities, who died during the course of Pandemic of Covid-19 at the time of discharging his duties in the Panchayat Election, 2021. He further submits that State Government issued a Government Order dated 31.8.2021 directing to all the D.M.'s of U.P. for giving appointment to the dependent of deceased employees in consonance with the guidelines issued by the Government of India as well as Government Order dated 23.10.2008. He also submits that mother of the petitioner had given representation for giving appointment to the petitioner and after completing all the formalities, he has informed by the Block Development Officer, Dhanpatganj that he recommended his name to the C.D.O., Sultanpur for appointment vide letter dated 5.8.2021 but till today, the appointment has not been given, therefore, indulgence of this Court is necessary.

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4. Sri Ran Vijay Singh, learned counsel for the respondents placed written instructions duly signed by Deputy Labour Commissioner, Sultanpur and submits that petitioner has not enclosed the mark-sheet of 5th and 6th Semester of the Diploma Course, therefore, petition is liable to be dismissed.

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5. In response to the submissions of learned counsel for the respondents, learned counsel for the petitioner submits that petitioner had already completed 5th & 6th Semester of the Diploma Course.

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6. List this case on 29.4.2026.

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7. The Chief Development Officer, Sultanpur is directed to depute a Gazetted Officer for ensuring the production of complete record related to the recommendation of Block Development Officer, Dhanpatganj for appointment of the petitioner, before this Court.

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8. The Chief Development Officer, Sultanpur is further directed to appear before this Court through video conferencing."

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Today, Shri Ran Vijay Singh, Additional Chief Standing Counsel is present before this Court, and Shri V.K. Singh, Chief Development Officer has appeared through video conferencing.

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Shri Ran Vijay Singh Additional Chief Standing Counsel, as per the instructions received from his client, submits that there were certain deficiencies with regard to the testimonials and educational qualifications of the petitioner. According to him, a suitable date be fixed on that date the

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WRIA No. 3561 of 2026

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petitioner may appear along with the original documents so that the authority concerned may get them verified and thereafter proceed to accord appointment order to the petitioner.

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To such a submission, learned counsel for the petitioner has no objection.

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Bearing in mind the aforesaid factual situation as well as the stand taken by the respective parties, the writ petition is being decided in the following terms.-

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(a) The petitioner shall appear before the Chief Development Officer, Sultanpur/Additional Programme Coordinator, MGNREGA, District Sultanpur by 07.05.2026 ;

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(b) On the said date, the officer shall apprise the petitioner about the formalities which he has to complete;

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(c) The petitioner shall complete the said formalities by 14.05.2026 ;

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(d) Thereafter, the Chief Development Officer/Additional District Programme Coordinator, MGNREGA, District Sultanpur shall get the necessary verification done. The said exercise shall be completed by 14.06.2026, and thereafter, within a period of one week therefrom appointment and joining be accorded to the petitioner. The appointment and joining shall be subject to the outcome of the verification so done.

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For facilitation and early disposal of the matter in a time-bound manner, it is expected that the authorities who would verify shall render full cooperation, bearing in mind the fact that already there happens to be an order of the Court and the matter has been delayed.

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With the aforesaid observations, the writ petition stands disposed of.

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Though the writ petition is disposed of, but for technical purposes, a compliance report shall be submitted by the Chief Development Officer/Additional District Programme Officer by 30.06.2026 before the Registrar (Compliance) of this Court.

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The presence of the Chief Development Officer through video conferencing is exempted.

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April 29, 2026 Rajesh

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(Vikas Budhwar,J.)

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

Vinay Pandey v. State of U.P. Thru. Prin. Secy. Deptt. Gramya Vikas Lko. and 4 Others

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Vinay Pandey v. State of U.P. Thru. Prin. Secy. Deptt. Gramya Vikas Lko. and 4 Others

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