PRATISHTHA TIWARI v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION LKO. AND 4 OTHERS
WRIA/3043/2025 · 2025-03-19
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129080 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129080 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15876 Court No. - 3 Case :- WRIT - A No. - 3043 of 2025 Petitioner :- Pratishtha Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. And 4 Others Counsel for Petitioner :- Suresh Kumar Upadhyay Counsel for Respondent :- C.S.C.,Shivam Sharma Hon'ble Rajesh Singh Chauhan,J. Heard Sri Suresh Kumar Upadhyay, learned counsel for the petitioner, Dr. Uday Veer Singh, learned Additional Chief Standing Counsel for the State-respondent nos. 1 to 3 and Sri Shivam Sharma, who has appeared on behalf of District Basic Education Officer, Raebareli. In view of the orders proposed to be passed, notice to opposite party no. 5 is hereby dispensed with. This is a case where the present petitioner is seeking appointment under dying in harness rules. The mother of the petitioner died on 28.12.2019. Learned counsel has stated that the issue is under consideration before the opposite parties and no decision has been taken till date. Attention has been drawn towards some correspondences between the authorities. Dr. Uday Veer Singh as well as Sri Shivam Sharma have stated that this is peculiar case where there is no family member to whom the petitioner would look after if she is given appointment under dying in harness rules, inasmuch as, her own married sister is already serving and she being a married lady is living with her family. On that the learned counsel for the petitioner has stated that the law is settled that the married daughter may seek claim under dying in harness rules however, no proper explanation could be given on the point as to who is or are the surviving member/members of the deceased employees to whom the present petitioner would be looking after. By that as it may, since, the issue is pending consideration before the competent authority, therefore, without entering into the merits of the issue, I hereby dispose of this petition finally
at the admission stage directing the concerning authority to pass appropriate order strictly in accordance with law by speaking and reasoned order in the issue in question, with expedition, preferably, within a period of three months from the date of production of the certified copy of the order of this Court and the decision thereof be intimated to the petitioner forthwith. Order Date :- 19.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench