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Neutral Citation No. - 2025:AHC:82219 Court No. - 4 Case :- WRIT - A No. - 6833 of 2025 Petitioner :- Kumari Anshika Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Babu Lal Ram,Sunil Kumar Misra Counsel for Respondent :- A.S.G.I.,Hridaya Narayan Mishra Hon'ble Ajit Kumar,J. Heard Sri Babu Lal Ram, learned counsel for the petitioner as well as Sri Hridaya Narayan Mishra, learned counsel for the respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to consider her claim for representation. Sri Mishra, learned counsel for the respondents has pointed out that the complaint of petitioner has already been rejected previously on 08.02.2024 and hence without challenging the said
order, petitioner cannot be granted any relief. Meeting the argument advanced by Sri Mishra, Sri Babu Lal Ram submits that on 08.02.2024 the Commandant 39th Battalion, ITBP has passed the order for further consideration on sympathetic grounds. From the above it transpires that previous order passed rejecting the claim of the petitioner has not been taken into consideration. In the considered view of the Court once the claim of the petitioner has already come to be rejected, the authority does not have power to pass an order without referring to the rejection order. I further notice that the petitioner's father was made to retire on medical ground in 1993, whereas, he got married to the mother of petitioner on 06.12.2004 and out of said wedlock petitioner came to be born on 04.04.2005. In the circumstances the date on which the petitioner's father was made to retire on medical grounds, she was not there and hence there was no case for providing succour to the dependents for her subsequent birth in the family and also for the fact that retirement of father on medical ground was never challenged by the father himself.
In the circumstances, therefore, I do not find any justification to issue any direction for decision being taken on the representation of the petitioner by the competent authority regarding claim of compassionate appointment. Petition lacks merit and is accordingly dismissed.
Order Date :- 17.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad