Gaurav Kumar Srivastava vs State Of U.P. And 2 Others
2022 Latest Caselaw 11060 ALL

Citation : 2022 Latest Caselaw 11060 ALL
Judgement Date : 23 August, 2022

Allahabad High Court

Gaurav Kumar Srivastava vs State Of U.P. And 2 Others on 23 August, 2022

Bench: Neeraj Tiwari




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 12232 of 2022
 
Petitioner :- Gaurav Kumar Srivastava
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Brij Kishore Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned standing counsel for respondents.

Present petition has been filed seeking following relief:-

"i). Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the appointment of petitioner as per Dying-in-harness Rules according to his eligibility."

Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner has filed representation dated 2.9.2021 before respondent No. 2 for his appointment on compassionate ground, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent No. 2 to decide the aforesaid representation within a stipulated time and grant appointment.

Learned standing counsel raised objection and submitted that father of petitioner died in the year 2015, therefore, in light of judgment of Apex Court in the matter ofGovernment of India Vs. P. Venkatesh: 2019 (15) SCC, petitioner is not entitled for compassionate appointment after such an inordinate delay.

In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 2 to decide the representation of the petitioner dated 2.9.2021 in accordance with law maximum within period of three months from the date of submission of certified copy of this order. Petitioner is directed to annex photocopy of representation dated 2.9.2021 as well as judgment of Apex Court in the matter of Government of India Vs. P. Venkatesh: 2019 (15) SCC alongwith certified copy of this order.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 23.8.2022

Arvind