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2025 DAILYLAW 137198 (ALL)

DHARMENDRA KUMAR ALIAS DHRMENDR KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

WRIA/4700/2025 · 2025-04-29

Karunesh Singh Pawar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24596 Court No. - 18 Case :- WRIT - A No. - 4700 of 2025 Petitioner :- Dharmendra Kumar Alias Dhrmendr Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel who has accepted notice on behalf of respondents. By means of this writ petition, the petitioner has prayed the following relief(s) :- "(i) Issue writ order or direction in the nature of mandamus commanding the opposite parties no. 1 and 2 to appoint the petitioner in the compassionate ground under in the dying harness rules -1974 on the post of Village Chaukidar after the death of the petitioner father namely Late Chhavi Lal. II-Issue order a direction in the nature mandamus commanding direct the opposite parties No-02 and 3 appointment the petitioner in the compassionate ground Under in the Dying Harness Rules -1974 on the post of Chauwkidar IV'th class employee in light of Judgment Hon'ble Supreme Court Civil Appeal No.- 5038 of 2022 arising from Special Leave petition (Civil) No-3987 of 2022. III- Issue order a direction in the nature mandamus direct the opposite parties decide the representation moved the petitioner dated 4-5-2024, 6-4-2024, 4-4-2024 contained as Annexure no.3 to this petition. The said representation may also be pending without disposal. After arguing for some time, learned counsel for the petitioner has confined his prayer to the extent that the petitioner may be permitted to file a fresh representation before respondent no.2 for compassionate appointment in lieu of his late father, who was Village Chawkidar, IVth Class employee and the same be decided by respondent No.2 by a reasoned and speaking order within the stipulated period. Learned Standing Counsel though has opposed the prayer made by the learned counsel for the petitioner. He has submitted that the post of Village Chawkidar is not covered under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules,1974 however, he has no objection, if the representation is decided by respondent no.2. In view of the above, without entering into merits of the case, the petition is finally disposed of with liberty to the petitioner to file a representation to the respondent No.2/District Magistrate, Amethi within two weeks from today. In case such a representation is preferred by the petitioner within the aforesaid period, the same shall be considered and decided in accordance with law, by passing a reasoned and speaking order within four weeks from the date of submission of representation along with a copy of this order. Order Date :- 29.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench