Smt. Disha vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 26867 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63558
 
Court No. - 7
 

 
Case :- WRIT - A No. - 7235 of 2023
 

 
Petitioner :- Smt. Disha
 
Respondent :- State Of U.P. Thru. Prin. Secy. Education (Basic) Deptt. And 5 Others
 
Counsel for Petitioner :- Virendra Kumar Dubey
 
Counsel for Respondent :- C.S.C.,Prashant Kumar Singh
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned State counsel for respondent nos. 1 to 3 and Shri Prashant Kumar Singh, learned counsel appearing for respondent no.4.

No notice be issued to respondent nos. 5 & 6 taking into consideration nature of order proposed to be passed.

The contention of learned counsel for the petitioner is that the petitioner is the widow of the employee who was working as the Clerk in the respondent no.5's Institution and who died in harness on 24.05.2022. The contention is that despite the petitioner being eligible for compassionate appointment, her claim for compassionate appointment has not been considered till date.

On the other hand, Shri Prashant Kumar Singh, learned counsel appearing for respondent no.4 argues that earlier the mother-in-law of the petitioner who is respondent no.6 in the present writ petition has filed a Writ A No.6441 of 2023 in Re: Smt. Sarita Tripathi Vs. State of U.P. and 5 Others and this Court by means of judgment & order dated 29.08.2023, a copy of which is annexure 11 to the petition, on the basis of the prayer made in the said writ petition which was for restraining the respondents for making appointment on compassionate grounds in place of her son without taking consent from the petitioner and other family members, disposed of the said petition by holding that the respondent no.6 therein (the petitioner herein) shall be considered for compassionate appointment only in accordance with law.

Placing reliance on the aforesaid, Shri Singh argues that the claim of the petitioner for compassionate appointment is under consideration with the respondent no.4 and orders in accordance with law would be passed expeditiously.

Keeping in view of the aforesaid statement as made by Shri Singh, the present writ petition is disposed of leaving it open to the respondent no.4 to pass an order in accordance with law, expeditiously, say within a period of two months from the date of receipt of certified copy of this order keeping in view of the earlier order of the Writ Court dated 29.08.2023 passed in Writ A No.6441 of 2023.

Order Date :- 3.10.2023

S. Shivhare