Smt. Pragati Patel vs State Of U.P. And 3 Ors.
2022 Latest Caselaw 18620 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 41529 of 2016
 

 
Petitioner :- Smt. Pragati Patel
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Bhaskar Bhadra
 
Counsel for Respondent :- C.S.C.,Vivek Verma
 

 
Hon'ble Vikram D. Chauhan,J.

The present writ petition has been filed with the following prayer:

"(a) Issue a writ, order or direction in the nature of Mandamus directing the respondents especially respondent No.3, to appoint the petitioner on compassionate ground under U.P. Dying in Harness Rules 1947 on the suitable post in place of her deceased mother late Smt. Gayatri Devi (Peon) wife of late Yogendra Singh Patel.

(b) Issue a writ, order or direction in the nature of Mandamus directing the respondents especially respondent No.3, to make disposal of the representation dated 02.08.2016 (Annexure-7 to the writ petition) regarding appointment of the petitioner on compassionate ground under U.P. Dying in Harness Rules 1974 on the suitable post in place of her deceased mother late Smt. Gayatri Devi (Peon) wife of late Yogendra Singh Patel."

It is submitted by learned counsel for the petitioner that the mother of the petitioner was working on the post of Class IV Employee under the respondent-University and she died on 15.11.2015 while in service. Thereafter petitioner has filed an application for compassionate appointment on 12.1.2016 before the respondent No.3. However till date, no order has been passed. It is further submitted that the petitioner is a married daughter and has applied for compassionate appointment in view of the judgment of this Court in Smt. Vimla Srivastava Vs. State of U.P. and another, reported in 2015 (4) UPLBEC 3388 and the Government Order dated 12.11.2021.

Sri Rohit Pandey, learned counsel for the respondent Nos. 2 to 4 submits that the application for compassionate appointment shall be considered in accordance with law in a time bound manner.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the respondent No.3 shall decide the representation dated 12.1.2016 of the petitioner in accordance with law, within a period of two months from the date of production of a certified copy of the order.

With the aforesaid observation/direction, the writ petition is disposed of.

Order Date :- 23.11.2022

D. Tamang