UMA SHANKER TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS
/997/2025 · 2025-01-27
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119486 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119486 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4995 Court No. - 6 Case :- WRIT - A No. - 997 of 2025 Petitioner :- Uma Shanker Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Rajesh Kumar Pandey, learned counsel for petitioner as well as Ms. Deepshikha, learned Standing Counsel for respondents. 2. It has been submitted by learned counsel for petitioner that father of the petitioner Late Sri Shiv Prasad Tiwari was posted as Home Guard, in District Ayodhya and died during his service on 20.12.2023. 3. The late father of the petitioner is survived by his widow, two sons and one daughter. After death of his father, the petitioner moved an application under Recruitment of Dependant of Government Servant Dying in Harness Rules, 1974 and for which purpose he has already called a physical test on
07.06.2024. It is the case of the petitioner that he appeared in the physical test, subsequent to which no letter has been given to the petitioner. He has further stated that, he has moved an application under Right to Information Act, 2005 and till date no documents pertaining to his joining has been given by the respondents and accordingly in the present writ petition it has been prayed for a direction to respondents to issue an order of appointment to the petitioner under Dying in Harness, 1974. 4. Learned Standing Counsel on the basis of instructions received from the District Command, Home Guard has informed this Court that in the physical test, the petitioner could not qualify considering the fact that his height was only 159 c.m. whereas the minimum required height is 167.7 c.m.,
5. It is further stated that the petitioner was duly aware of the said fact inasmuch as the said medical report contains his signature made on 10.06.2024. 6. Learned counsel for petitioner has been provided the copy of the rejection order dated 10.06.2024. At this stage, learned
counsel for petitioner submits that he may be permitted to withdraw this writ petition with liberty to approach appropriate forum for redressal of his grievances. 7. In light of the above, the writ petition is dismissed as not pressed with the aforesaid liberty.
(Alok Mathur, J.) Order Date :- 27.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench