Anup Kumar vs State Of U.P. Thru. Secy. Urban ...
2021 Latest Caselaw 11339 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- SERVICE SINGLE No. - 26748 of 2021
 

 
Petitioner :- Anup Kumar
 
Respondent :- State Of U.P. Thru. Secy. Urban Development Lko. & Ors.
 
Counsel for Petitioner :- Alok Srivastava
 
Counsel for Respondent :- C.S.C.,Vivek Singh
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for petitioner, Sri Vivek Singh, learned counsel for respondent no.4 and learned standing counsel for State.

Present writ petition is filed by the petitioner claiming that father of the petitioner died on 02.06.2020 while he was in service. After his death, petitioner applied for being appointed under Dying in Harness Rules, 1974 according to his qualification. Though, petitioner is graduate, he is being offered appointment on a Class-IV post i.e. Safai Karmchari by the department. Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for appointment under Dying in Harness Rules, 1974 is considered and decided in a time bound manner as per his qualification.

Learned counsel for respondents have no objection to the same.

In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.4 District Magistrate, Unnao, raising all his grievance, annexing therewith a copy of this writ petition along with annexures, judgments/orders, if any and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order.

In case such a representation is moved by petitioner, respondent no.4 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him.

It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

With the aforesaid directions, the writ petition is disposed of.

Order Date :- 18.11.2021

Arti/-

(Vivek Chaudhary,J.)