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2025 DAILYLAW 45763 (ALL)

SMT. ILAICHI DEVI AND ANR. v. UNION OF INDIA AND 3 ORS.

WRIA/54690/2013 · 2025-07-08

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109187 Court No. - 5 Case :- WRIT - A No. - 54690 of 2013 Petitioner :- Smt. Ilaichi Devi And Anr. Respondent :- Union Of India And 3 Ors. Counsel for Petitioner :- Manoj Mishra,Mukesh Kumar,Rishi Kant Rai Counsel for Respondent :- Gyan Prakash Shrivastava,S.C. Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Mukesh Kumar, learned counsel for petitioners and learned Standing Counsel for State. Learned counsel for petitioners has not able to convince this Court so far as on compassionate ground is concerned since husband of petitioner died in harness way back in the year 2006, whereas the very object of compassionate appointment is to tide over immediate financial crisis, would not be available after 19 years. The other argument is in regard to rejection of Ex-gratia amount on a ground that financial position of petitioners is sound is not correct. Learned counsel for petitioners refers the certain documents annexed along with this petition that an opportunity be granted to petitioner to represent so far as manner of calculation of Ex-gratia is concerned. Learned Standing Counsel for State submits that calculation is based on material available. In the aforesaid circumstances, the first prayer is rejected, however, so far as the second prayer is concerned, i.e. determination of Ex-gratia amount, the matter is remitted to concerned respondent to pass a fresh order and petitioners are granted two weeks' time to file representation along with relevant documents. In case, such application is filed, the same will be considered in accordance with law. So far as the ex-gratia is concerned, part of impugned order will not come in way for deciding it fresh. Accordingly, writ petiton is disposed of with aforesaid observation. Order Date :- 9.7.2025/P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad