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2025 DAILYLAW 106504 (ALL)

KAMLESH v. State of UP AND 2 OTHERS

WRIA/17959/2024 · 2025-03-20

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41692 Court No. - 6 Case :- WRIT - A No. - 17959 of 2024 Petitioner :- Kamlesh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Golu Kumar Mishra,Manoj Kumar Tiwari,Prakash Narayan,Shrawan Kumar Pandey Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. None appeared on behalf of petitioner. Sri Kaushlesh Pratap Singh, learned counsel for respondents is present. 2. I have considered submissions of learned counsel for respondents and perused the contents of writ petition. 3. Prayer of petitioner is to consider that claim of petitioner for compassionate appointment be considered as his father died in harness on 09.06.2024. 4. Sri Shrawan Kumar Pandey, learned counsel for proposed respondent (Rahul Mishra) submits that said respondent has filed a counter claim which is already before concerned respondent and prays that in case, petitioner’s claim is considered, he may be granted opportunity to present his stand. 5. Learned counsel for respondents has no objection. 6. Considering aforesaid submissions, this writ petition is disposed of with an observation that claim of petitioner will be considered in accordance with law and since there is a counter claim also on behalf of Rahul Mishra, therefore, same may also be taken note of and concerned respondents will decide the claim of both parties after giving proper opportunity of hearing to them and after taking note of judgments of Supreme Court in State of West Bengal vs. Debabrata Tiwari and others, 2023 SCC Online SC 219 and Fertilizers and Chemicals Travancore Ltd. and others vs. Anusree K.B., 2022 SCC Online SC 1331. 7. It is made clear that this Court has not entered into merit of case so far as claim of rival parties are concerned. Order Date :- 21.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad