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2025 DAILYLAW 149459 (ALL)

GHANSHYAM THRU. HER DAUGHTER SONU v. STATE OF U.P. THRU. PRIN. SECY. GRAMYA VIKAS VIBHAG LKO. AND ANOTHER

WRIA/7191/2025 · 2025-07-07

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38189 Court No. - 18 Case :- WRIT - A No. - 7191 of 2025 Petitioner :- Ghanshyam Thru. Her Daughter Sonu Respondent :- State Of U.P. Thru. Prin. Secy. Gramya Vikas Vibhag Lko. And Another Counsel for Petitioner :- Vijay Kumar,Meenu Verma,Vivek Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed seeking a direction to concerned authority to decide representation of petitioner dated 03.04.2025. 3. Mr. Sandeep Sharma, learned State counsel at the very out-set has raised a preliminary objection regarding maintainability of this petition in view of the fact that in paragraph 10 of the writ petition, it has been specifically stated that the father of petitioner passed away whereafter the petition has been filed. It is submitted that petition has been filed in the name one Ghanshyam through his daughter Sonu and therefore evidently the petitioner Ghanshyam is no more but the petition has been filed on behalf of a person who has already passed away. The petition also does not indicate any power of attorney in favour of the said Ms. Sonu. 4. Learned counsel for petitioner on the basis of instructions admits that Mr. Ghanshyam has passed away prior to filing of writ petition and that Ms. Sonu is his daughter through whom the petition has been filed. 5. Apart from aforesaid, it is also evident that the said late Ghanshyam was appointed in the department concerned on a Class IV post and subsequently superannuated on 02.04.2016. 6. Petition has been filed claiming that superannuation of late Ghanshyam on 02.04.2016 was incorrectly done by wrong indication of his date of birth in the service record. 7. The aforesaid aspects clearly indicate not only the fact that petition has been filed on behalf of a person who has already passed away but also in view of the fact that petition is highly belated by almost nine years without any cogent explanation for same. It is also evident that late Ghanshyam did not claim any such benefit during his life time. 8. Considering aforesaid facts and circumstances, the petition fails and is dismissed at the admission stage itself. Parties to bear their own costs. Order Date :- 7.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench