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2025 DAILYLAW 101585 (ALL)

PUSHPENDRA SINGH v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIA/14871/2025 · 2025-09-25

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14871 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Arun Kumar Singh, learned counsel for petitioner and Ms. Raj Laxmi Sinha, learned Standing Counsel for State. 2. It is not disputed that an FIR was lodged against the petitioner who is claiming compassionate appointment which was considered by respondents as a legal impediment, therefore, impugned order dated 03.09.2025 was passed as his claim was rejected. 3. Learned counsel for petitioner has placed reliance on a judgment of this Court in Nidhi Sharma vs. State of U.P. and others, 2025:AHC:158098 that in the light of judgment of Supreme Court in Avtar Singh vs. Union of India, (2016) 8 SCC 2016, claim of petitioner may still be considered considering nature of allegations. 4. Learned counsel for respondents submits that in case a fresh representation is filed, same will be considered in accordance with law taking note of above referred judgments. 5. In aforesaid circumstances, matter is remitted back to concerned respondents to revisit the impugned order after taking note of judgments of Nidhi Sharma and Avtar Singh (supras) within a short period. September 26, 2025 N. Sinha Versus Counsel for Petitioner(s) : Arun Kumar Singh, Himanshu Singh Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Pushpendra Singh .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad