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2025 DAILYLAW 50069 (ALL)

VIPUL SHARMA v. STATE OF U.P. AND 3 ORS.

WRIA/48928/2017 · 2025-05-18

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83421 Court No. - 5 Case :- WRIT - A No. - 48928 of 2017 Petitioner :- Vipul Sharma Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. The father of petitioner died in harness on 21.06.2015. An application for grant of appointment on compassionate ground was submitted by the petitioner on 26.10.2015. The petitioner approached this Court for a writ of mandamus to direct the respondents to decide the claim of the petitioner for grant of appointment on compassionate grounds. The only prayer made by Shri Siddharth Khare, learned counsel assisted by Shri Aditendra Singh, learned counsel for the petitioner is that the representation of the petitioner for grant of appointment on compassionate grounds may be decided within a stipulated period of time. He relies on a Full Bench judgment of this Court rendered in Km. Kalyani Mehrotra vs. State Of U.P. Thru Prin.Secy.Rural Development Lucknow & Ors. (Service Single No. 14930 of 2017). Shri Subhranshu Shekhar, learned Additional Chief Standing Counsel submits that the matter requires determination of facts by the competent authority in light of the applicable provisions of law in the first instance. The applicability of the judgement in Km. Kalyani Mehrotra (supra) in the facts of this case is liable to be considered by the competent authority. However, he fairly contends that the claim for compassionate grounds appointment is liable to be decided by the competent authority in a reasonable time frame. In wake of the submissions made at the Bar and without going into the merits of the case, the Chief Executive Officer, District Rural Development Agency is directed to decide the claim of the petitioner for grant of appointment on compassionate grounds strictly in accordance with 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 :- 19.5.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad