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2025 DAILYLAW 28701 (ALL)

VAISHNAV RAI v. STATE OF U.P. AND 2 OTHERS

WRIA/3095/2025 · 2025-03-10

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35447 Court No. - 7 Case :- WRIT - A No. - 3095 of 2025 Petitioner :- Vaishnav Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Tripathi Counsel for Respondent :- C.S.C.,Shashi Prakash Singh Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the prayer to direct the respondents to consider the case of the petitioner for appointment on compassionate ground under dying in harness rules. 2. It is argued by learned counsel for the petitioner that the mother of the petitioner namely Neeta Rai was died on 04.09.2023 while working on the post of Head Mistress of Harikeshpura Primary School, District Mau. After her death, the petitioner submitted an offline application for appointment on compassionate ground on 25.02.2024. It is argued that considerable time has been lapsed but till date no decision has been taken by the respondents. 3. On the other hand, Sri Shashi Prakash Singh, learned cousnel for the respondents raised two objections (i) The petitioner approached this Court immediately after filing of the representation/application without providing breathing time to the respondents to take a decision in the matter. (ii) The representation/application should be filed by way of Online Application through online Manav Sampada Portal but the application has been filed offline which is not permissible in law. 4. In response to the same, it is argued by learned counsel for the petitioner that the petitioner will file Online Application through Manav Sampada Protal as per prescribed procedure as Government Order issued by the State Government from time to time. 5. Heard learned counsel for the parties. 6. In the facts and circumstances of the case, the present petition is disposed of permitting the petitioner to file Online Application through Manav Sampada Portal as per Government Order issued from time to time within a period of two weeks from today. In case, the petitioner will file the same within the stipulated period, the respondent No.3 will decide the same expeditiously strictly in accordance with law. Order Date :- 11.3.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad