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2025 DAILYLAW 22295 (ALL)

ALOK KUMAR CHAUBEY v. STATE OF U.P. AND 2 OTHERS

WRIA/3259/2025 · 2025-03-17

Saurabh Shyam Shamshery

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:38123 Court No. - 6 Case :- WRIT - A No. - 3259 of 2025 Petitioner :- Alok Kumar Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- Akhilesh Kumar Sharma,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Arvind Kumar Tiwari, learned counsel for petitioner and Sri Akhilesh Kumar Sharma, learned counsel for respondent-BSA. 2. Petitioner is claiming compassionate appointment as her mother died in harness on 07.12.2021. 3. It appears that application of petitioner was considered, however, by a letter dated 04.09.2024, District Basic Education Officer, Chandauli has sought certain directions and clarification from Secretary, U.P. Basic Shiksha Parishad that since father of petitioner, a government employee, retired before death of his mother and that in such circumstances, whether compassionate appointment could be granted to petitioner or not. 4. Petitioner has challenged aforesaid order on a ground that his claim for compassionate appointment has been rejected, whereas from bare perusal of said order, it appears that claim is still under consideration and certain instructions were sought, therefore, prayer is not happily worded. 5. Despite above shortcomings, this Court is of considered opinion that claim of petitioner has to be decided finally and in case Secretary, U.P. Basic Shiksha Parishad, Prayagraj has still not responded to aforesaid letter dated 04.09.2024, he shall respond within 2 weeks from today and thereafter, District Basic Education Officer, Chandauli will pass an order in accordance with law. 6. Writ petition stands disposed of with above observations. 7. It is made clear that at this stage, Court has not entered into merit of case so far as claim of petitioner for compassionate appointment is concerned. Order Date :- 18.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad