ANGAD KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. IRRIGATION DEPTT. LKO. AND 3 OTHERS
WRIA/5359/2025 · 2025-05-16
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140404 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140404 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:29016 Court No. - 18 Case :- WRIT - A No. - 5359 of 2025 Petitioner :- Angad Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation Deptt. Lko. And 3 Others Counsel for Petitioner :- Mahendra Nath Yadav Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. The petition has been filed with the following prayer:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no-2 and 4 to re-consider the representations dated 3.12.2024 and 5.12.2024 sent on 12.12.2024 (Annexure No: 10 and 11) of the petitioner in the light of the letter No. 773 dated 29.6.2019 (Annexure No:8) for giving compassionate appointment under the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules-1974 and in the light of the law settled by the Division Bench of this Hon'ble Court in the case of Special Appeal Defective No. 121 of 2020 State of U.P. and others decided on 3.3.2020 contained as Annexure No:13 to the writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no-2 and 4 to reconsider the case of the petitioner taking into account that the similarly situated employee Mr. Sant Ram who is (at serial no-10) of the regularization letter dated 13.1.1999 was working with Havladar Singh (at serial no-14) and after the death of Sant Ram, his son Anil Kumar Gupta has been given compassionate appointment in compliance of order dated 4.12.2018 passed in W.P. No 2822 (S/S) of 2005 and thereafter the petitioner may be allowed to work and duty in the Department and salary may be paid accordingly by the respondent no-2 and 4. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no-2 and 4 to take into account the provision of Order XXII Rule 3(2) read with Order-22 Rule-11 of the Code of Civil Procedure 1908 and sub-rule-2 of Rule-9 of the Order XXII of C.P.C. in the issue involved in the matter and thereafter take decision for compassionate appointment of the petitioner within stipulated time."
Perused the record.
Upon perusal of the record, it appears that the petitioner’s late father was engaged in the work-charge establishment as per the contents of the writ petition dated 01.12.1978. Subsequently, he was deputed to the post of Store Assistant on 24.06.1992 and continued working in the department until his demise i.e.
02.02.2000. In the writ petition, it is alleged that Havaldar Singh (father of the petitioner) was regularized on 13.06.1998 and he passed away on 02.02.2000. Following his death, the petitioner’s mother, Smt. Pushpa Devi, submitted an application for compassionate appointment, which was denied. She then filed Writ Petition No. 8079 (S/S) of 2006, which was decided vide order dated 20.09.2006 directing the department to take a decision regarding her selection. However, her claim was rejected on 07.12.2006. Aggrieved by the rejection, she filed Writ Petition No. 716 (S/S) of 2007, which was decided on 06.08.2008. Against this order, a Special Appeal Defective No. 108 of 2009, titled State of U.P. and Others vs. Smt. Pushpa Devi, was filed. During the pendency of the appeal, Smt. Pushpa Devi passed away on 29.04.2020, leaving behind her son, the present petitioner, Angad Kumar Singh. The petitioner may have filed several representations to the opposite parties requesting consideration of his case for compassionate appointment after demise of her mother in the year 2020, however, the record does not reflect that the petitioner made any such claim within five years of his father’s death. It is not disputed that his mother had made a claim for compassionate appointment. In view of the fact that the petitioner’s father died in the year 2000, the petitioner cannot be allowed to raise a claim for
compassionate appointment after a lapse of 25 years. The writ petition suffers from an inordinate and insufficiently explained delay and latches. Accordingly, the writ petition is dismissed on these grounds.
Order Date :- 16.5.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench