Allahabad High Court
Rishi Raghuvanshi vs State Of Up And 2 Others on 5 November, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:172544
Court No. - 10
Case :- WRIT - A No. - 17034 of 2024
Petitioner :- Rishi Raghuvanshi
Respondent :- State Of Up And 2 Others
Counsel for Petitioner :- Aishwarya Kumar Singh,Rajesh Kumar Singh,Utkarsh Kumar Singh
Counsel for Respondent :- C.S.C.,Vivek Kumar Singh
Hon'ble Prakash Padia,J.
1. Heard counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of Respondent No. 1 as well as Shri Vivek Kumar Singh, learned counsel appearing on behalf of Respondent Nos. 2 & 3.
2. The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to consider the petitioner's appointment on compassionate ground on the recommendation made in question by Respondent University dated 10.05.2024.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to take decision/consider appointment under the Uttar Pradesh Recruitment of dependents of Government Servants dying in harness Rules 1974 and in the light of Judgment and order passed by this Hon'ble Court in the case of Deeksha Mishra, Parvati Devi & others and in the view of recommendation made by respondent University."
3. It is argued by the counsel for the petitioner that petitioner along-with others earlier approached this Court by filing Writ A No. 16067 of 2023 (Rishi Raghuvanshi vs. State of U.P. and 2 others), which was disposed of vide judgment and order dated 12.10.2023. By the aforesaid judgment, a direction was given to the Respondent who is Respondent No.3 in the present writ petition namely Registrar Veer Bahadur Singh Purvanchal Univeristy, Jaunpur, District-Jaunpur to consider the cases of the petitioners including the present petitioner on compassionate appointment.
4. Pursuant to the aforesaid, order dated 15.05.2024 was passed by the Respondent No.3. It is stated in the order dated 15.05.2024 that the decision has been taken by the Vice Chancellor of the University dated 15.04.2024 by which the matter was referred to the State Government for seeking guidance on 10.05.2024. Relevant portion of the order dated 15.05.2024 reads as follows:-
"??????????????? ???? ?? ??????????? ????????? ???? ???? ???????? ?????? ??? ?????? ?? ?? ???? ??????-16.01.2024 ?????? ????????????? ?? ?????????? ??? ?????????? ???????? ???? ???? ?????????? ?? ???? ??????- 15.04.2024 ?? ???? ??? ?????? ?? ??????? ??? ????????????? ??????? 10663/ ?????????/ ?????? 10.05.2024 ?????? ???? ?? ?????????? ?????? ???? ???? ???? ???? ??????? ???? ??? ??? "
5. It is argued that inspite of the fact that considerable time has already been lapsed but till date no decision has been taken by the State Government, hence the present writ petition.
6. On the other hand, it is argued by the learned Standing Counsel appearing on behalf of State-respondent no.1 that the concerned competent authority before whom the aforesaid letter was sent by the University will take a decision in the matter, expeditiously.
7. Heard counsel for the parties and perused the record.
8. With the consent of the counsel for the parties and also in the interest of justice, the writ petition is disposed of finally directing the Special Secretary, Higher Education, Anubhag- 4, Govt. of U.P., Lucknow to take a decision in the matter most expeditiously and preferably within a period of six weeks from the date of presentation of certified copy of this order.
Order Date :- 5.11.2024
Swati
