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Neutral Citation No. - 2025:AHC:50498-DB Court No. - 39 Case :- SPECIAL APPEAL No. - 116 of 2025 Appellant :- Km Minto Respondent :- Smt Suman And 6 Others Counsel for Appellant :- M.P. Srivastava,Mohd. Iqbal Farooqui Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Upon death of the husband of the petitioner-respondent no.1- Smt. Suman, the petitioner was granted an appointment under the Dying in Harness Rules. However, when the appellant/ respondent no.7- Km Minto raised certain objections with regard to the relationship between the petitioner and the deceased, the matter was sent before a Committee comprising the District Basic Education Officer, Meerut, the Finance and Accounts Officer (Secondary Education), Meerut and the District Inspector of Schools, Meerut and an order was thereafter passed on 04.02.2009 that the petitioner in the writ petition herein was not entitled for the job as was provided to her under the Dying in Harness Rules. Thereafter, the petitioner filed a writ petition being Writ-A No.21169 of 2009, which came to be heard by this Court and was finally disposed of on 11.02.2025. Paragraph-9 of that order is relevant and so is being reproduced as under:-
"9. In the aforesaid circumstances the impugned order, dated 04.02.2009, does not survive and is accordingly set aside. The concerned respondent will grant an opportunity of hearing to the petitioner within four weeks and will pass a reasoned order within four weeks thereafter. The concerned respondent will consider the case in a sympathetic manner, without entering much into the technical issues, however, the principle of 'no work no pay' will be taken note of."
2. We find that the order dated 04.02.2009 was passed at the instance of Km. Minto and, therefore, we provide that when the Committee before which the matter would now be heard shall also hear Km. Minto before passing any order.
3. With this observation, the writ petition stands disposed of. Order Date :- 8.4.2025 Radhika (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad