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2025 DAILYLAW 124557 (ALL)

RAJANIKANT v. STATE OF U.P. THRU. SECY. PUBLIC WORKS DEPTT. U.P. GOVT. LKO. AND 3 OTHERS

WRIA/2118/2025 · 2025-02-20

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11064 Court No. - 6 Case :- WRIT - A No. - 2118 of 2025 Petitioner :- Rajanikant Respondent :- State Of U.P. Thru. Secy. Public Works Deptt. U.P. Govt. Lko. And 3 Others Counsel for Petitioner :- Sikandar Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Shri Sikarndar Yadav, learned counsel for petitioner, learned Chief Standing Counsel for the State and perused the material available on record. 2. It has been submitted by learned counsel for petitioner that father of the petitioner was posted on the post of Beldar in Public Works Department and died during his service period on 19.01.2022. It is stated that even the other brother of the petitioner, namely, Rajnish Kumar had pre- deceased his father and he is survived by his wife Smt. Neelam Devi. The petitioner as well as Smt. Neelam Devi (respondent no. 4) had moved an application for obtaining appointment on the compassionate ground and the matter had also reached at the stage of High Court and by means of judgment and order dated 30.10.2023 passed in Writ-A No. 4493 of 2023, the competent authority was directed to decide the issue afresh and subsequently, orders were passed for grant of compassionate appointment in favour of Smt. Neelam Devi (respondent no. 4). 3. It is in the aforesaid circumstances, the petitioner has preferred present writ petition seeking a direction to the respondents to pay all service dues, such as, G.P.F., Gratuity, Leave Encashment and family pension on the death of his father and also a direction to the respondents to remove Smt. Neelam Devi (respondent no.4) from service and appoint the petitioner. 4. On the basis of the instructions learned Chief Standing Counsel has informed this Court that on the representation made by the petitioner, he has been repeatedly asked to obtain a succession certificate considering the fact that there is a serious dispute for grant of dues payable to late father of the petitioner and Smt. Neelam Devi (respondent no. 4). 5. Despite being advised, it seems that the petitioner had not filed any suit for obtaining a succession certificate. 6. After arguing the matter at some length, learned counsel for petitioner prayed for a d direction to the opposite parties are directed to decide his representation. 7. At this stage, learned Standing Counsel has produced a copy of the order dated 15.02.2025 before this Court indicating that the respondents had duly considered the grievance of the petitioner and directed to produce the succession certificate pursuant to which the claim for gratuity and other dues payable to his late father may be decided. A copy of the said letter has also been handed over to learned counsel for petitioner. 8. At this stage, learned counsel for petitioner submits that the petitioner does not wish to pursue the present petition and may be granted liberty to move to the court of competent jurisdiction and obtain the succession certificate. 9. In light of the above, this petition is dismissed as not pressed with liberty as aforesaid. . (Alok Mathur, J.) Order Date :- 20.2.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench