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2025 DAILYLAW 103084 (ALL)

ARJUN NISHAD v. STATE OF U.P. AND 2 OTHERS

WRIA/14970/2025 · 2025-10-06

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14970 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri O.P. Singh, learned Senior Counsel assisted by Sri Indra Jit Singh, learned counsel for the writ petitioner and Sri Vijay Lal, learned Standing Counsel for the State. 2. The case of the writ petitioner is that the father of the writ petitioner, namely, Mukesh Kumar Nishad (since deceased) was appointed as a Dresser at Employee State Insurance Hospital, Shastri Nagar, Kanpur Nagar, however, he expired on 06.01.2023 and on 06.05.2023, family pension was also sanctioned in favour of the widow. The claim of the applicant is that he is fully eligible and qualified for being considered for appointment under the provisions of U.P. Recruitment of Dependents of Government Servants (Dying in Harness), Rules, 1974 and he had filed an application on 05.07.2024 along with no objection certificate of the legal heirs. However, despite the fact that he is fully eligible and qualified in all respects, his claim for compassionate appointment has not been considered till date. 3. Prayer in the present writ petition is for a direction to the respondents to consider the claim of the writ petitioner for compassionate appointment. 4. Learned Standing Counsel on the other hand submits that in case, the writ petitioner approaches the competent authority/ Director, U.P. State Insurance Scheme, Labour Medical Services, Sarvodaya Nagar, Kanpur, then his claim for compassionate appointment shall be considered. 5. Considering the submissions so made across the Bar, the writ petition stands disposed of directing the writ petitioner to prefer a comprehensive representation along with self attested copy of the writ petition and the Versus Counsel for Petitioner(s) : Anshul Kumar Gupta, Indra Jit Singh Counsel for Respondent(s) : C.S.C. Arjun Nishad .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) certified copy of the order before Respondent no.2, who shall thereafter proceed to consider the claim of the writ petitioner for compassionate appointment strictly in accordance with law within a period of three months. October 7, 2025 N.S.Rathour WRIA No. 14970 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad