VISHAL SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
WRIA/10692/2024 · 2025-11-10
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183245 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10692 of 2024 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned state counsel for opposite parties 1 to 3. No one has put in an appearance on behalf of opposite party No.4. 2. Rejoinder affidavit filed today is taken on record. 3. Petition has been filed seeking a direction to concerned authority for consideration of the petitioner's application for compassionate appointment in terms of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "Rules of 1974'). It is submitted that petitioner's father, Late Jai Bahadur Singh, passed away in harness on 26th June 2022 as a Constable in civil police. 4. It is submitted that the petitioner being fully eligible and qualified for compassionate appointment, he has not been provided so despite the fact that the application was filed within time on 22nd August 2022 and petitioner's mother has also given her consent with regard to petitioner's appointment. 5. However upon perusal of material on record, it appears that there are two applicants for compassionate appointment, the petitioner being one and the opposite party No.4, Lokendra Pratap Singh, being the other. 6. It also appears that the application of Lokendra Pratap Singh was rejected by opposite parties vide order dated 19th April 2024 but only on the ground that there was no consent of other family members with regard to his appointment. It appears that his candidature on merits was not discussed. Versus Counsel for Petitioner(s) : Raj Kumar Upadhyaya (R.K.Upadhyaya), Sonal Bajpai Counsel for Respondent(s) : C.S.C., Ajay Pratap Singh Vishal Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And 3 Others .....Respondent(s)
7. Such a situation is required to be considered by appropriate authority in terms of Rule 7 of Rules of 1974 with are as follows:-
"7. Procedure when more than one member of the family seeks employment. If more than one member of the family of the deceased Government servant seeks employment under these rules, the Head of Office shall decide about the suitability of the person for giving employment. The decision will be taken keeping in view also the overall interest of the welfare of the entire family, particularly the widow and the minor members thereof."
8.
In view of aforesaid facts and circumstances, the opposite party No.3 i.e. Superintendent of Police, Barabanki is directed to take a decision with regard to applications for compassionate appointment by the petitioner as well as opposite party No.4 on merits in accordance with Rule 7 of Rules of 1974 and after affording opportunity of hearing to all heirs of late Jai Bahadur Singh. Such a decision shall be taken with by the concerned authority expeditiously within a period of eight weeks from the date a certified copy of this order is served upon the said authority. 9. Resultantly with the first directions, the petition stands disposed of. November 10, 2025 prabhat WRIA No. 10692 of 2024 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench