Sunita Srivastava vs Chief Medical Officer And 2 Others
2022 Latest Caselaw 1628 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 5284 of 2022
 
Petitioner :- Sunita Srivastava
 
Respondent :- Chief Medical Officer And 2 Others
 
Counsel for Petitioner :- Umang Srivastava,Gaurav Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is seeking following relief :-

"i) issue a writ, order or direction in the nature of Mandamus commanding to directing the respondent no.1 to consider the claim of the petitioner for compassionate appointment in place of her mother Late Indra Srivastava, Nurse at Public Health Centre, Harnahi, Gorakhpur.

ii) issue a writ, order or direction in the nature of Mandamus commanding to directing the respondent no.1 to decide the representation dated 04.01.2021 of the petitioner as early as possible within stipulate time and period."

Shri Umang Srivastava, learned counsel for petitioner submits that till date, petitioner has not filed an application for compassionate appointment in a prescribed proforma and there is no adverse order against petitioner till date.

Learned Standing Counsel submits that in case, an application for compassionate appointment is filed by petitioner in a prescribed proforma, the same may be considered, expeditiously, in accordance with law.

Considering the submissions made on behalf of parties, this writ petition stands disposed of with liberty to petitioner to file an application for compassionate appointment in the prescribed proforma and respondents may consider case of petitioner, within a period of three weeks, thereafter. While considering the application, respondents shall take note of the judgment passed by the Division Bench of this Court in Vimala Srivastava vs. State of U.P. and Another; 2016 1 ADJ 21 as well as the judgment passed by the Full Bench of this Court in Shiv Kumar Dubey and another vs. State of U.P.; 2014 2 ADJ 312 as well as also take note of other parameters prescribed under the provisions of U.P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974.

Order Date :- 27.4.2022

Rishabh

[Saurabh Shyam Shamshery, J.]