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2025 DAILYLAW 10720 (ALL)

VIDYA DEVI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIA/919/2025 · 2025-03-18

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39355 Court No. - 6 Case :- WRIT - A No. - 919 of 2025 Petitioner :- Vidya Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Yadav Counsel for Respondent :- C.S.C.,Ved Byas Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. This Court has passed following orders on 10.02.2025 and 03.03.2025 : "10.02.2025 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. Learned counsel for the petitioners submits that the petitioner no.2 moved an application for appointment on the basis of dying in harness as the father of the petitioner no.2 died on 29.11.2022, but his application has not been decided till date. 3. He further submits that all the retiral benefits has also not been credited to the bank account of the petitioners. 4. On the said submission, counsel appearing for the respondents, on instructions, submits that his application shall be decided within two weeks from today. 5. List this matter on 03.03.2025, as fresh. 6. In the event, all the post-death benefits accure after the death of the father of the petitioner no.2, is not credited to the bank account of the petitioners, the respondent no.2 shall remain present before this Court along with the record to assist the Court on 03.03.2025. 7. It is made clear that in case, the respondent no.2 appear in person on the date fixed, the expenditure to be made for his appearance before this Court, shall not be paid from the State Exchequer, rather the same shall be born by the salary of the respondent no.2 himself. 03.03.2025 Compliance affidavit filed by learned counsel for the respondent is taken on record. Sri Ved Byas Mishra, learned counsel for the respondents submits that post-death dues have been disbursed to the legal heirs of the deceased employee. Petitioner no.2- Lokesh Kumar is not entitled to compassionate ground appointment as the respondent unit has been declared sick and no compassionate ground appointments are being made since the year 2000. Sri Pawan Kumar Srivastava holding brief of Sri Rakesh Kumar Yadav, learned counsel for the petitioners prays for and is granted ten days time to file a response to the affidavit filed on behalf of the respondents. Put up this matter as fresh on 19.3.2025." 2. Sri Rakesh Kumar Yadav, learned counsel for petitioners submits that since now there are subsequent events, therefore, instead of amending this writ petition, an opportunity be granted to file a fresh writ petition with better particulars and prays that this writ petition may be dismissed as withdrawn with liberty to file afresh with better particulars. 3. Sri Ved Byas Mishra, learned counsel for respondent has no objection if such prayer is allowed. 4. In the aforesaid circumstances, since there are subsequent events, therefore, this writ petition is dismissed as withdrawn with aforesaid liberty. Order Date :- 19.3.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad