Dhirendra Kumar Mani Tripathi vs State Of U.P. And 2 Others
2023 Latest Caselaw 1703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - A No. - 827 of 2023
 

 
Petitioner :- Dhirendra Kumar Mani Tripathi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shambhavi Tiwari
 
Counsel for Respondent :- C.S.C.,Shashi Prakash Rai
 

 
Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioner and learned Standing counsel for the State.

The petitioner has preferred the present petition inter alia with the following prayer"-

"(i) issue a writ, order or direction in the nature of mandamus directing the respondents no. 2 and 3 to consider and grant compassionate appointm3ent to the petitioner on the suitable post in accordance to his eligibility against his father Late Prof. Ashok Kumar Tiwari, who died-in-harness while working as Professor in Chemistry Department of Deen Dayal Upadhayay Gorakhpur University, Gorakhpur.

(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 3 to take appropriate decision on the application of the petitioner dated 08.09.2021 for compassionate appointment within the stipulate time period as prescribed by this Hon'ble Court."

It is submitted by learned counsel for the petitioner that a representation has been filed by the petitioner on 8.9.2021 before the authority concerned but till date final decision has been taken in the matter. Learned counsel for the petitioner has placed reliance upon a judgment of this Court in Writ-A No.14029 of 2022 (Abhishek Mishra vs. High Court of Judicature at Allahabad and 2 Others).

On the other hand, learned counsel Sri Shashi Prakash, learned counsel appearing on behalf of respondent-University that no useful purpose would be served in keeping the writ petition pending and a suitable direction be issued to respondent no.3.

In view of the submission advanced by the learned counsel for the petitioner and considering the facts of the case, this Court is of the opinion that the petitioner may be permitted to file a fresh representation raising all his grievances before the respondent no.3 within a period of two weeks from today.

In case any such representation is filed by the petitioner, the respondent no.3 shall decide the same by reasoned and speaking order and also look into the law laid down by this Court in Writ-A No.14029 of 2022 (Abhishek Mishra vs. High Court of Judicature at Allahabad and 2 Others) within a period of six weeks thereafter after giving opportunity of hearing to all the concerned parties in accordance with law.

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

Order Date :- 17.1.2023

S.K.