Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 139887 (ALL)

SHRIMATI SOORSATI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH DEPTT. LKO AND 2 OTHERS

WRIA/5349/2025 · 2025-05-16

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:28987 Court No. - 18 Case :- WRIT - A No. - 5349 of 2025 Petitioner :- Shrimati Soorsati And Another Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. Lko And 2 Others Counsel for Petitioner :- Laxmi Kant Pathak,Anuj Mishra,Jyotindra Prakash Pathak Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners as well as the learned Standing Counsel representing the respondents. Learned Additional Chief Standing Counsel has raised a preliminary objection, contending that petitioner no. 1 has not submitted any application seeking compassionate appointment. In response, learned counsel for the petitioners submits that petitioner no. 1, through Annexure No. 1, has made a request for compassionate appointment in favour of petitioner no. 2, with a specific reference to the same in paragraph 5 of the said representation. It is further submitted by learned counsel for the petitioners that the other siblings of petitioner no. 2 have already given their no-objection in her favour. Therefore, he prays that the case of petitioner no. 2 be directed to be considered for compassionate appointment. Perused the record. A perusal of the record reveals that the deceased, Dharam Nath Sharma, passed away on 27.01.2024 while in service, leaving behind four daughters—Vandan, Archana, Sapna, and Deepa— all of whom are married, and a son, Akash. At first glance, it appears that petitioner no. 2 herself has not submitted an application for compassionate appointment. However, keeping in view the compassionate nature of the matter and the fact that a request has already been made by her mother for the appointment of petitioner no. 2, liberty is granted to petitioner no. 2 to submit a fresh representation before the competent authority within two weeks from today. In the event such a representation is submitted, the case of petitioner no. 2 shall be duly considered in accordance with Rule 7 of the Uttar Pradesh Dying in Harness Rules, 1974, after conducting a proper inquiry and affording an opportunity of hearing to all the dependents of the deceased employee. With the observation made herein above, the petition is disposed of. Order Date :- 16.5.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench