Yashvendra Pratap Singh vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 27712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:64892
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7635 of 2023
 

 
Petitioner :- Yashvendra Pratap Singh
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another
 
Counsel for Petitioner :- Manoj Kumar Chaurasiya,Shobhit Mohan Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed seeking a direction to opposite parties to provide compassionate appointment to petitioner on a post which is suitable in accordance with his qualifications in view of judgment rendered by Hon'ble Supreme Court in Suneel Kumar v. State of U.P. & others reported in 2022 Live Law (SC) 675.

3. It has been submitted that petitioner's father late Sri Pal Singh passed away on 01.04.2015 while on the post of Inspector. It is submitted that subsequently petitioner was granted compassionate appointment on the post of Constable on 12.07.2023 but is eligible for appointment on the post of Sub-Inspector in view of fact that petitioner holds the qualification of B.B.A. LL.B. Learned counsel for petitioner has placed reliance on aforesaid decision of Hon'ble Supreme Court in Suneel Kumar(supra) as well as a decision of a coordinate Bench of this Court dated 15.09.2022 in Abhishek Mishra v. High Court of Judicature at Allahabad and 2 others to buttress his submissions.

4. For the said grievance, petitioner has already submitted a representation but seeks liberty to file a fresh representation before the authority concerned. At present, learned counsel for petitioner restricts prayer with regard to final decision on the same.

5. Considering the innocuous prayer, without entering into merits, liberty is granted to petitioner to file a fresh representation before opposite party no.2 i.e. Superintendent of Police, Barabanki who shall consider and decide the same in the light of the decisions in Suneel Kumar(supra) and Abhishek Mishra(supra) in case the same are applicable and in accordance with law within a period of eight weeks from the date a certified copy of this order is produced before the said authority along with fresh representation.

6. With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 9.10.2023

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