SARITA KUMARI @ SARITA v. UNION OF INDIA THRU. ITS SECY. MINISTRY OF DEFENCE NEW DELHI AND 4 OTHERS
WRIA/3569/2025 · 2025-04-07
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131757 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131757 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19351 Court No. - 3 Case :- WRIT - A No. - 3569 of 2025 Petitioner :- Sarita Kumari @ Sarita Respondent :- Union Of India Thru. Its Secy. Ministry Of Defence New Delhi And 4 Others Counsel for Petitioner :- Akhilendra Kumar Goswami Counsel for Respondent :- A.S.G.I.,Sanjeev Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Akhilendra Kumar Goswami, learned counsel for the petitioner, Sri Varun Pandey, learned counsel for the opposite party No.1, 2, 3 & 4 and Sri Sanjiv Singh, learned counsel for the opposite party No.5. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite party No.5 i.e Chief Executive Officer, Cantonment Board, Faizabad to provide compassionate appointment to the petitioner on Class-IV post. (ii) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite party No.5 i.e Chief Executive Officer, Cantonment Board, Faizabad to ensure the payment of post retiral dues of late mother of the petitioner. (iii) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite party No.5 i.e Chief Executive Officer, Cantonment Board, Faizabad to consider the claim of compassionate appointment of petitioner in light of the law passed by a Full Bench judgment of this Hon'ble Court in case of Shiv Kumar Dubey (supra), pending before him through representation dated 25.03.2025, vide Annexure No.7 of the writ petition."
3. Learned counsel for the petitioner has submitted that for redressal of her grievance, the petitioner has preferred a representation dated 25.03.2025 to the opposite party No.5, but no decision has been taken on the same till date. 4. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, she may be permitted to prefer a fresh representation to the Competent Authority and direction may be issued him to consider and decide the said representation within a stipulated time. 5. Learned Standing Counsel has stated that he has no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time. 6.
In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.5 i.e. the Chief Executive Officer, Cantonment Board, Faizabad taking all pleas and grounds which are available with her annexing therewith copy of her earlier representation, if any, and the relevant documents in support of her claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition say within a period of two months from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 7. In view of the aforesaid terms, the instant writ petition is
disposed of finally. . [Rajesh Singh Chauhan,J.]
Order Date :- 7.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench