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2025 DAILYLAW 128405 (ALL)

KEDAR NATH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. URBAN DEVLEPMENT LKO. AND 2 OTHERS

WRIA/3019/2025 · 2025-03-20

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16093 Court No. - 3 Case :- WRIT - A No. - 3019 of 2025 Petitioner :- Kedar Nath Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Devlepment Lko. And 2 Others Counsel for Petitioner :- Karuna Shanker Rastogi,Arun Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Shri Karuna Shanker Rastogi, learned counsel for the petitioner and Shri Pankaj Patel learned Additional Standing Counsel for the State-respondents. Despite the registered notice having been given to the Nagar Palika Parishad, Raebareli, no one has appeared. By means of this writ petition, the petitioner has prayed for the following reliefs:- "i. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to appoint the petitioner on the post of Mali or any other suitable post for which he is entitled under dying in harness rules. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the case of the petitioner for compassionate appointment under dying in harness rules in place of his father lat Salik Ram, who has died on 19.07.2024." Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 04.11.2024 (Annexure No. 4) to the competent authority but to no avail. He has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, he may be permitted to prefer a fresh representation to the opposite party No.3 i.e., Executive Officer, Nagar Palika Parishad, District Raebareli and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.3 i.e., Executive Officer, Nagar Palika Parishad, District Raebareli ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of two months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 20.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench