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2025 DAILYLAW 55408 (ALL)

ANGAD KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIA/8863/2025 · 2025-07-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113002 Court No. - 52 Case :- WRIT - A No. - 8863 of 2025 Petitioner :- Angad Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ramesh Chandra Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition has been filed inter-alia for the following reliefs:- "i. Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay service dues and arrears of salary payable to the father of the petitioner in compliance of the order passed by this Hon'ble Court in Special Appeal Defective No.595 of 2021 and further directing the State respondents to comply with the order dated 30.01.2009 and 29.02.2008 as well as vide order dated 23.10.2007. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondents No.2 to consider the compassionate appointment to the petitioner as dependent of deceased teacher under dying in harness Rules, 1974. iii. Issue a writ, order or direction in the nature of Mandamus directing the respondent No.2 to pass appropriate order on the representation made by the petitioner regarding arrears of his salary and regarding compassionate appointment. iv. Issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the present case. v. Award castes of the writ petition to the petitioner." Learned counsel for the petitioner submits that a dispute regarding payment of salary has been decided by order dated 24.08.2021 passed by the Division Bench of this Court in Special Appeal Defective No.595 of 2021 by which the petitioner's father became entitled for the salary, however, prior to passing of the aforesaid order, the petitioner's father expired in the year 2016. A representation has been given by the petitioner for payment of salary for the said period as well as an application for considering the appointment on compassionate ground, which has not been decided till date. Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and in case a fresh representation is moved before the respondent no.2, the same shall be decided in accordance with law. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.2- Director of Social Welfare U.P., Lucknow, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same in accordance with law, by reasoned and speaking order, preferably within a period of four weeks from the date of production of a certified copy of this order if there is no other legal impediment. Order Date :- 14.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad