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2025 DAILYLAW 42800 (ALL)

PRITHESH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIA/4858/2025 · 2025-04-28

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65992 Court No. - 5 Case :- WRIT - A No. - 4858 of 2025 Petitioner :- Prithesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Kumar Singh,Santosh Counsel for Respondent :- C.S.C.,Sanjay Kumar Om Hon'ble Ajay Bhanot,J. The petitioner claims that he is the son of the deceased employee and he is entitled to various terminal benefits payable to the deceased employee. He has made a representation before the competent authority but to no avail. The only prayer made by Shri Indra Kumar Singh, learned counsel and Shri Santosh, learned counsel for the petitioner is that the representation of the petitioner may be decided within a stipulated period of time. Ms. Anita Kushwaha, learned counsel holding brief of Shri Sanjay Kumar Om, learned counsel for the respondent contends that the petitioner is not recorded as nominee in the service book of the deceased employee. The daughter or legal heirs of the deceased employee have not been impleaded in the writ petition. The matter requires determination of facts by the competent authority as per law in the first instance. However, she fairly contends that the case of the petitioner is liable to be decided by the competent authority in a reasonable time frame. In light of the submissions made at the Bar and without going into the merits of the case, the respondent authority/competent authority is directed to decide the claim of the petitioner strictly in accordance with law after the petitioner establishes his credentials as legal heir with supporting legal documents and after noticing all other legal heirs of the deceased employee including the daughter of the deceased employee as per law within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation. With the aforesaid direction, the writ petition is finally disposed of. Order Date :- 29.4.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad