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2025 DAILYLAW 138848 (ALL)

SMT. VAISHALI SAINI v. STATE OF U.P. THRU. PRIN. SECY./ ADDL. CHIEF SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 3 OTHERS

WRIA/5053/2025 · 2025-05-07

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26780 Court No. - 3 Case :- WRIT - A No. - 5053 of 2025 Petitioner :- Smt. Vaishali Saini Respondent :- State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Urban Development Deptt. Lko. And 3 Others Counsel for Petitioner :- Shamshad Ahmad Khan Counsel for Respondent :- C.S.C.,Anand Kumar Tripathi Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shamshad Ahmad Khan, learned counsel for the petitioner, Dr. Uday Veer Singh, learned Additional Chief Standing Counsel for the State-opposite party Nos.1 & 2 and Sri Anand Kumar Tripathi, learned counsel for the opposite party Nos.3 & 4. 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 commanding and directing the opposite parties to forthwith consider and decide the claim of the petitioner for compassionate appointment on a suitable post according to her qualification as per Rule 5 (1) of Rules, 1974 and Government Order dated 17.06.2014, within such time bound period as may be deemed fit and fixed by this Hon'ble Court." 3. Learned counsel for the petitioner has submitted that for redressal of her grievance, the petitioner has preferred a representation dated 25.04.2025 to the opposite party No.4, 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 counsel for the opposite parties have stated that they have 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.4 i.e. the Executive Officer, Nagar Palika Parishad, Mohammadi, District-Kheri 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 preferably within a period of three months from the date of presentation of a certified copy of this order along with representation after affording an opportunity of hearing to the petitioner and other claimants, if any, 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 :- 7.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench