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2025 DAILYLAW 176201 (ALL)

KM. DOLLY THRU. HER GUARDIAN/MATERNAL UNCLE (MAMA) RAMESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF BASIC EDUCATION LKO. AND 4 OTHERS

WRIA/14671/2025 · 2025-12-17

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14671 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Since,the matter is being decided at the admission stage, notice to opposite party no. 5 is hereby dispensed with. Heard Ms. learned counsel for the petitioner, Sri Arun Pratap Singh, learned Additional Chief Standing Counsel for the State, Sri Ran Vijay Singh, learned counsel for the opposite party no.2,Ms. Purnima Singh, Advocate, holding brief of Sri Shailedra Singh Rajawat, learned counsel for the opposite parties no. 3 & 4 and perused the record. Instant writ petition has been filed with the following main relief:- "A. Issue a writ, order or direction in the nature of writ of Mandamus commanding the opposite parties to enhance the monthly maintenance amount payable to the petitioner from ₹3,000/- to ₹10,000/- per month or any other appropriate amount as this Hon'ble Court may deem fit in the interest of justice under the provisions of Rule -5 (3) and (4) of Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 in terms of the compassionate appointment order/letter dated 31.03.2023 modifying no. Vaad/Pratyavedan Nishtaran/13470-77/2023-24 dated 28.02.2024 within in a short reasonable period to be prescribed by this Hon'ble Court in the interest of justice so as to enable the petitioner to survive with proper fooding, lodging and education until her marriage in the interest of justice." After arguing at some length, learned counsel for the petitioner Versus Counsel for Petitioner(s) : I.M. Pandey Ist, Ajeet Verma Counsel for Respondent(s) : C.S.C., Ran Vijay Singh, Shailendra Singh Rajawat Km. Dolly Thru. Her Guardian/Maternal Uncle (Mama) Ramesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Education Lko. And 4 Others .....Respondent(s) submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation before the opposite party no. 3/District Basic Education Officer, Sultanpur and the opposite party no. 3 may be directed to consider and decide the same within the stipulated period of time, as may be fixed by this court. Learned counsels appearing for the opposite parties have no objection to the contentions aforesaid. Be that as it may, without entering into the merits of the case,the petitioner is given liberty to move a fresh representation, while raising all her claims and grounds before the opposite party no. 3/ District Basic Education Officer, Sultanpur within the period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of eight weeks, in accordance with law. With the aforesaid observations, the writ petition is hereby disposed of. December 17, 2025 AKS WRIA No. 14671 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench