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2025 DAILYLAW 129062 (ALL)

ASHISH VERMA v. STATE OF U.P. THRU. PRIN. SECY. FOOD and CIVIL SUPPLIES,LKO. AND 5 OTHERS

WRIC/2695/2025 · 2025-03-19

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15880 Court No. - 6 Case :- WRIT - C No. - 2695 of 2025 Petitioner :- Ashish Verma Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies,Lko. And 5 Others Counsel for Petitioner :- Ram Karan,Anubhav Verma Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties. 2. Present writ petition has been filed challenging the order dated 24.02.2025, whereby the representation of the petitioner was rejected. 3. The claim of the petitioner for being appointed on compassionate ground after the death of his uncle was rejected. 4. The counsel for the petitioner argues that in terms of Government Order dated 05.08.2019, although the petitioner being a nephew is not covered within the definition of the family as prescribed under the said government order, however, this Court in its judgement dated 20.07.2016 passed in Misc. Bench No.2899 of 2015; Ashok Kumar Vs. State of U.P. and followed in the case of Sunil Kumar Yadav vs. State of U.P. in Misc. Single No.13015 of 2020, had directed that the definition of family as used in the government order can be extended to include such family members other than those prescribed, who were totally dependent upon the deceased licencee. The said observation was made in the context of a grandson, who had claimed appointment on compassionate grounds. 5. It is informed by the Standing Counsel that the said matter has been referred for consideration before the Larger bench vide order dated 09.09.2024 passed in Writ - C No.7746 of 2024. 6. Learned counsel for the petitioner has also placed reliance upon the certificate issued by the Gram Pradhan to the effect that the petitioner even being a nephew was dependent on the deceased. 7. In the present case, the petitioner is admittedly the nephew, in terms of the definition of the family, the nephew does not come within the definition of the family, the reliance on the two judgements, is misplaced. Inasmuch as in the said two judgements, the explanation of definition was prescribed in relation to a grandson, the petitioner being the nephew certainly does not fall within the definition of family as such no interference is called for in the impugned order. 8. The petition lacks merits and is accordingly dismissed. Order Date :- 19.3.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench