KUSUM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDUCATION DEPTT. LKO. AND 3 OTHERS
WRIA/4860/2025 · 2025-05-05
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137596 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137596 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26042 Court No. - 3 Case :- WRIT - A No. - 4860 of 2025 Petitioner :- Kusum Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. And 3 Others Counsel for Petitioner :- Suneel Kumar Singh Kalhans,Richa Srivastava,Shikha Srivastava Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Suneel Kumar Singh, learned counsel for the petitioner, Sri Devesh Pathak, learned Addl. C.S.C. for opposite party nos. 1 and 2 and Ms. Poornima Singh holding brief of Sri S.S. Rajawat, learned counsel for the B.S.A.
2. By means of this petition the petitioner has prayed following relief :
"i. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to forthwith consider the case of the petitioner her compassionate appointment as per her qualification under Dying in Harness Rules; ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to create any type of hindrance in peaceful appointment of the petitioner under Dying in Harness Rules in place of her deceased son."
3. Attention has been drawn towards the correspondence letter dated 12.3.2025 preferred by the Block Education Officer, Lambhua, Sultanpur to the petitioner apprising that the required exercise in terms of her request for providing suitable appointment under Dying in Harness Rules is under-way but no decision has been taken till date.
Learned counsel for the petitioner has submitted that ends of justice would suffice if he is allowed to move a fresh representation before the opposite party no. 3 and the same may be directed to dispose it of with speaking and reasoned order within stipulated time. With the consent of parties the writ petition is disposed of finally at the admission stage. Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 15 days before the opposite party no. 3 i.e. Basic Shiksha Adhikari, Sultanpur taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite party concerned is directed
to dispose of the representation of the petitioner with speaking and reasoned order after affording an opportunity of hearing to the parties concerned and hearing other claimants, if any, strictly in accordance with law expeditiously, say within a period of two months from the date of production of the certified copy of this order. The decision on the representation shall be communicated to the petitioner forthwith. Writ petition is finally disposed of.
Order Date :- 5.5.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench