Ravi Pandey vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22757 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55728
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6171 of 2023
 

 
Petitioner :- Ravi Pandey
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And Another
 
Counsel for Petitioner :- Shatrughan Sah
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

Petitioner is granted liberty to implead Deputy Inspector General of Police (Establishment) Lucknow, U.P. as opposite party No.3 during course of day.

Petition has been filed seeking a direction to opposite parties to consider petitioner's appointment on the post of Sub Inspector or any other suitable post keeping in view the judgments passed by this Court in similar circumstances.

It has been submitted that petitioner's father late Surya Bhan Pandey while working in the police department on the post of Constable passed away on 30th April, 1997 leaving behind his widow and two minor son including the petitioner. It is submitted that petitioner's mother did not make any application for compassionate appointment since she was not in a sound, physical and mental health. It is submitted that petitioner upon attaining majority in year 2007 filed an application for compassionate appointment which was rejected vide order dated 18th February, 2009 which was challenged in writ petition No. 2461 (S/S) of 2009 which was disposed of by means of order dated 21st January, 2010 with a direction to opposite parties to decide claim of petitioner whereafter the claim was again rejected on 19th May, 2010 which was challenged in writ petition No. 4860(S/S) of 2010 which was decided by means of judgment and order dated 13th May, 2019 directing opposite parties to offer appointment to petitioner. Special appeal (Defective) No. 509 of 2019 against aforesaid judgment was also dismissed with special leave petition also being dismissed. However it is only after filing of contempt petition No. 2121 of 2019 that petitioner was offered class IV post of Cook which he joined on 22nd November, 2021. It is however submitted that petitioner is fully qualified and eligible for appointment on the post of Sub Inspector in the department. He has placed reliance on judgment rendered by this Court in Writ A No. 18868 of 2019 (Himansu Yadav versus State of U.P. and others) which has been upheld in special appeal No. 126 of 2023 with regard to his claims.

For the aforesaid grievance, the petitioner seeks liberty to file fresh representation before the authorities concerned.

Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No.3 i.e. Deputy Inspector General of Police (Establishment) Lucknow, U.P. In case such a representation is filed, the same shall be decided by in the light of judmgnent rendered by this Court in the case of Himanshu Yadav (supra) in case petitioner is eligible for the same. Decision with regard to petitioner's representation shall be taken within with period of eight weeks from the date a copy of this order is produced before the concerned authority along with copy of aforesaid judgments.

With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 22.8.2023

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