Suryansh Trivedi vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25164 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59596
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6636 of 2023
 

 
Petitioner :- Suryansh Trivedi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Forest Lko. And 2 Others
 
Counsel for Petitioner :- Sameer Kalia,Abhishek Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

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

2. Petition has been filed seeking a direction to the opposite parties to grant compassionate appointment to petitioner in view of the fact that his father Sri Rajendra Nath Trivedi went missing from 4th December, 2011 while in service with opposite parties in forest department. It is submitted that a first information report was also lodged with regard to his disappearance which was registered as case crime No.42 of 2011 but no trace of petitioner's father could be found.

3. It is submitted that subsequently petitioner filed writ petition No. 5201 (S/S) of 2015 for retiral benefits with regard to his father as well as making a prayer for compassionate appointment. The said writ petition was disposed of vide judgment and order dated 3rd September, 2015 issuing a direction to opposite parties for payment of post retiral benefits due to petitioner's father. However with regard to prayer pertaining to compassionate appointment, it was held that at that stage petitioner was not entitled for same in view of section 108 of Indian Evidence Act since 7 years from the date of disappearance had not yet elapsed.

4. It is submitted that now more than 12 years have passed since the date of disappearance of petitioner's father and therefore now petitioner's case is fully covered not only under Section 108 of the Indian Evidence Act but also under Rule 5 of The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.

5. It is submitted that in the meantime, petitioner and other heirs of his father had filed regular suit No. 72 of 2020 for a declaration regarding death of his father which was decreed by means of judgment and order dated 31st March, 2023.

6. For the said benefit, the petitioner has already submitted a representation dated 27th May, 2023. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same.

7. 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. 2 i.e. Chief Conservator of Forest, Lucknow Mandal, Lucknow along with a copy of the representation dated 27th May, 2023. In case such a representation is filed, the same shall be decided within with period of eight weeks from the date a copy of this order is produced before the said authority.

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

Order Date :- 18.9.2023

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