Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11735 of 2024 Court No. - 35 HON'BLE PRAVEEN KUMAR GIRI, J.
1. Learned counsel for the petitioner has filed the present writ petition with the following prayers :
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.05.2024 passed by the District Basic Education Officer, District Ghazipur [Annexure No.1 to this writ petition]. (b) Issue a writ, order or direction in nature of mandamus commanding the respondent No.3/District Basic Education Officer, District Ghazipur to consider the matter of the petitioner afresh for appointment on compassionate ground in accordance with law."
2. Learned counsel for the petitioner submits that without giving an opportunity of hearing to the petitioner who is the widow of the deceased employee, her claim for compassionate appointment has been considered and rejected. 3. Learned counsel for the petitioner submits that the wife of the deceased employee is the natural heir and, therefore, she is entitled to appointment under the Dying-in-Harness Rules. Learned counsel further submits that the father-in-law of the petitioner (father of the deceased employee), who is objecting to the petitioner’s appointment, is about 65 years of age as per the record annexed at page 62, i.e., the civil suit filed by him. The widow of the deceased employee, until and unless she remarries, cannot be divested of any right accruing to her from her deceased husband. 4. Learned counsel for the respondent submits that the matter may be Versus Counsel for Petitioner(s) : Bhupendra Kumar Yadav Counsel for Respondent(s) : Bipin Bihari Pandey, C.S.C. Vandana Verma .....Petitioner(s) State Of Up And 2 Others .....Respondent(s)
remanded for reconsideration to the District Basic Education Officer, Ghazipur and he shall take decision in the matter. 5. In light of the above, the District Basic Education Officer is directed to consider the claim of the petitioner who is the widow of the deceased employee in accordance with law after providing opportunity of hearing to all aggrieved persons. 6. With the above observation, this writ petition is disposed of with a direction upon the District Basic Education Officer, Ghazipur, to take decision within a period of three weeks from today, after affording opportunity of hearing to all the persons aggrieved. The impugned order dated 22.5.2024 is quashed and set aside.
October 17, 2025 DKS WRIA No. 11735 of 2024 2 (Praveen Kumar Giri,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad