Smt. Kanchan vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 3938 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 3101 of 2022
 

 
Petitioner :- Smt. Kanchan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others
 
Counsel for Petitioner :- Abhishek Bose,Sankalp Dewari
 
Counsel for Respondent :- C.S.C.,Namit Sharma
 

 
Hon'ble Rajan Roy,J.

Vakalatnama has been filed by Ms. Priyanka Singh, Adv. on behalf of opposite party nos.2 and 3, the same is taken on record.

Heard.

The petitioner's father died on 04.08.2008 when as alleged he was working under Nagar Nigam, Lucknow. The petitioner whose year of birth is 1985 as her date of birth has not been disclosed was about 23 years of age at that time. The petitioner who is a married woman raised a claim for compassionate appointment for the first time on 18.12.2015 and thereafter, she represented in the year 2021. Fourteen years have passed since death of her father.

Considering the delay, it is not a fit case for interference on merits. However, if the petitioner is able to demonstrate before opposite party no.2 that state of penury still continues in the light of judgment passed in Special Appeal No.356 of 2012 'Shiv Kumar Dubey vs. State of U.P. & Ors.' and also at the time of death of her father she was dependent upon him, she may move an application within fifteen days along with supporting proof which may be considered by opposite party no.2 and a decision be taken in this regard as per law.

Accordingly, the writ petition is disposed of.

(Rajan Roy,J.)

Order Date :- 24.5.2022

Shanu/-