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2025 DAILYLAW 59792 (ALL)

SUNITA v. THE STATE OF U.P. AND ANOTHER

WRIA/6924/2025 · 2025-05-18

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83391 Court No. - 5 Case :- WRIT - A No. - 6924 of 2025 Petitioner :- Sunita Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Sudhakar Yadav,Virendra Mani Tripathi Counsel for Respondent :- C.S.C.,Harshit Pandey Hon'ble Ajay Bhanot,J. The husband of the petitioner was serving as safai karmchari in the Health Department at Nagar Nigam, Kanpur Nagar. Her husband died in harness on 25.07.2015. She claims that she is entitled to the benefit of the Assured Career Progression and other dues of her deceased-husband. She has made a representation before the competent authority but to no avail. The only prayer made by Shri Sudhakar Yadav, learned counsel for the petitioner is that the representation of the petitioner may be decided within a stipulated period of time. Shri Harshit Pandey, learned counsel for the respondent No.2 submits that the matter requires determination of facts by the competent authority in light of the applicable provisions of law in the first instance. However, he fairly contends that the claim/service benefit regarding A.C.P. and other dues of her deceased-husband 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 respondent No.2- Nagar Ayukt Nagar Nigam, Kanpur Nagar is directed to decide the representation of the petitioner regarding grant of Assured Career Progression and other consequential benefits of her deceased-husband 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. However, in view of the delay on part of the petitioner for which no satisfactory explanation is offered, the petitioner shall not be entitled to interest on the amount. With the aforesaid direction, the writ petition is finally disposed of. Order Date :- 19.5.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad