HARSH KUMAR v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF GEOLOGY AND MINING LKO. AND OTHERS
WRIA/2375/2024 · 2025-02-14
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129524 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129524 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9908 Court No. - 6 Case :- WRIT - A No. - 2375 of 2024 Petitioner :- Harsh Kumar Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Geology And Mining Lko. And Others Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- C.S.C.,Kshemendra Shukla,Raj Krishna Hon'ble Alok Mathur,J.
1. Heard Shri Atul Kumar Misra, learned counsel for the petitioner and Shri Arun Kumar Pandey, Advocate holding brief of Shri Kshemendra Shukla, learned counsel for respondent no.3.
2. Learned counsel for the petitioner has submitted that the present petition has been filed by the petitioner assailing the impugned order dated 24.03.2023, by which, the application of the petitioner for appointment on compassionate ground has been rejected. The only ground of rejection is the dispute between the petitioner and respondent no.3 who is real sister of the petitioner. It was stated that in light of the serious dispute between the petitioner and his sister and also the fact that there was no succession certificate submitted by both the parties, the Competent Authority has directed them to produce the same and rejected the application.
3. Learned counsel for the petitioner and learned counsel for respondent no.3 have submitted that during the pendency of the present petition, the petitioner and respondent no.3 have entered into a compromise wherein it has been mutual decided that the petitioner can claim the appointment on compassionate ground and the respondent no.3 would not object to the same.
4. Considering the fact that the settlement has been arrived at between petitioner and respondent no.2., the petition is
disposed of with liberty to the petitioner to move a fresh application claiming the appointment on compassionate ground containing therein the copy of the compromise/agreement on receipt of said application.
5. Respondent no.2 is also directed to consider the said application and after verifying the said compromise, he shall pass appropriate order in exercise of power under Rule 7 of the Rules, 1974 within a period of six weeks from the date of filing
of the application before him.
6. Considering the fact that compromise has been arrived at, a fresh order has to be passed. Let fresh proceeding be conducted ignoring the order dated 24.03.2023.
7. Petitioner and respondent no.3 have undertaken to cooperate in the proceeding before respondent no.2. (Alok Mathur,J.)
Order Date :- 14.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench