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2025 DAILYLAW 194114 (ALL)

AKHILESH KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/15835/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15835 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Jitendra Kumar Yadav, learned counsel for the petitioner and Sri Rahul Malviya, learned Standing Counsel, who appears for State- respondents. 2. The case of the writ petitioner is that his father, Ram Sajiwan who was working as an operator in the office Executive Engineer Yantrik Khand, Pulib Works Department, died on 22.12.2008, leaving behind the widow, two sons and one married. The writ petitioner claims to have preferred a representation raising his grievance with respect to the fact that the junior to the father of the writ petitioner stood regularised but he was not regularized on account of the non-regularization service of the father of the writ petitioner, the claim of the writ petitioner for compassionate appointment would not be considered. He seeks to rely upon the theory so propounded being posthumous regularization. 3. Prayer in the present petition is for a direction to the respondents to consider his claim. 4. Learned Standing Counsel submits that whatever might be, the crucial aspect would be whether the father of the writ petitioner was suitable and eligible for being considered for regularization and whether he raised any grievance during his lifetime and the writ petitioner cannot step into the shoes of the writ petitioner while seeking a direction for regularization. However, he submits that a conscious decision would be taken by the respondent no. 3, Executive Engineer Yantrik Khand, Pulib Works Department, Allahabad bearing in mind the aforesaid fact. Versus Counsel for Petitioner(s) : Chandreshwer Prasad, Jitendra Kumar Yadav Counsel for Respondent(s) : C.S.C. Akhilesh Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the self- attested copy of the writ petition before the third respondent, who shall on the receipt of the same by 07.11.2025, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order bearing in mind the eligibility, suitability and the sustainability of the claim of the father of the writ petitioner for regulrisation. 7. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. 8. With the aforesaid observation, the writ petition is disposed off. October 29, 2025 A. Prajapati WRIA No. 15835 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad