SEEMA VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SOCIAL WELFARE DEPTT. LKO. AND OTHERS
WRIA/4409/2024 · 2025-07-24
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141265 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141265 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42562 Court No. - 18 Case :- WRIT - A No. - 4409 of 2024 Petitioner :- Seema Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Social Welfare Deptt. Lko. And Others Counsel for Petitioner :- Sulabh Kr. Srivastava,Hemant Counsel for Respondent :- C.S.C.,Lakshmana Singh Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties 1 to 3 as well as Mr. Laxman singh
learned counsel for opposite party No.4. 2. Petition has been filed seeking a direction to concerned authority to consider petitioner's case for appointment on compassionate ground under the relevant rules on a suitable class IV post in the department. Earlier this court had passed the following order on 31st May, 2024:-
"Heard. The contention of learned counsel for the petitioner is that the petitioner's father in law Shri Munni Lal was working on a Class IV post under the respondents who died in harness on 30.03.2018. The petitioner in the capacity of being widow daughter in law staked her claim for compassionate appointment. At the same time the respondent no. 4 who is married daughter of the deceased employee also staked her claim for compassionate appointment. The respondents issued a notice dated 28.03.2024, a copy of which is annexure 8 to the writ petition, calling upon the petitioner to appear and give her version pertaining to compassionate appointment being sought by respondent no. 4. It is contended that despite the petitioner having appeared before the competent authority and having staked her claim for compassionate appointment no final order has been passed till date. Learned Standing Counsel prays for and is granted three weeks' time to seek instructions as to the further decision that might have been taken by the competent authority pertaining to consideration of claim of the petitioner, the respondent No.4 and any other person who might be eligible for compassionate appointment keeping in view the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974. List this case in the first week of July, 2024 as fresh."
3. Subsequently in the order dated 16th July, 2025 it was noticed as follows:-
" Dispute pertains to compassionate appointment, which is being claimed by petitioner as well as opposite party no.4 on account of demise of Munni
Lal. It appears that earlier opposite party no.4 Smt. Manju had filed Writ A No.8799 of 2023 seeking compassionate appointment. The said petition was disposed of vide order dated 09.11.2023 directing authority concerned to decide the application after affording opportunity of hearing to other heirs as well. It appears that in pursuance thereof, notice was issued to petitioner vide letter dated 28.03.2024 to put forth her claim. In view thereof, learned State counsel is granted a week's time to obtain instruction as to out come of the aforesaid proceedings.
List this case on 24.07.2025, as fresh."
4. Learned State Counsel on the basis of instructions received submits that no final orders have been passed subsequently since the opposite party No.4 is not appearing before the authority concerned. 5. Considering aforesaid facts and circumstances and particularly in view of order dated 9th November, 2023 passed in earlier writ petition, the opposite party No.2 i.e. Director, Social Welfare Department, U.P. Lucknow is directed to take a final decision with regard to dispute as indicated herein above, within a period of eight weeks from the date a certified copy of this order is produced before the concerned authority after affording opportunity of hearing to all concerned. It is however made clear that the decision shall be taken within the aforesaid time period even in case the parties fail to participate. 6. The petition stands disposed of.
Order Date :- 24.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench