Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 59886 (ALL)

SADHANA v. STATE OF U.P. AND 2 OTHERS

WRIA/6882/2025 · 2025-05-16

Saurabh Shyam Shamshery

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:82085 Court No. - 6 Case :- WRIT - A No. - 6882 of 2025 Petitioner :- Sadhana Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh,Ratnesh Kumar Singh Counsel for Respondent :- C.S.C.,Tej Bhan Singh Hon'ble Saurabh Shyam Shamshery,J. 1. It is not under dispute that petitioner's husband died-in- harnesss on 29.05.2012 i.e. about 13 years ago and petitioner was well qualified even before it and she further studies thereafter also. 2. According to petitioner, she has submitted application in the year 2012 and thereafter she has repeatedly submitted application, however, her claim for compassionate appointment was not considered. 3. The petitioner has not approached this Court earlier to agitate her grievance and now when her application being beyond 5 years after her husband died-in-harness, she has approached the concerned authority that such bar be relaxed. 4. Learned counsel for petitioner refers a document annexed along with the writ petition that matter is presently seized with State Government, the appropriate authority to relax the said bar. 5. Learned counsel for respondent submits that at this belated stage, when petitioner was well aware about the bar of 5 years and she has not pressed her application or approached this Court, at relevant time, her claim may not be considered. 6. I have considered the above submissions and perused the record. The petitioner is not agile towards her right despite she was well qualified for consideration for compassionate appointment. She has not pressed her application or approached this Court within 5 years to claim compassionate appointment and now at a very belated stage, she has approached this Court that bar of 5 years be relaxed so that she may be considered for compassionate appointment, after 15 years of her husband's death. 7. The aforesaid delay is very huge, therefore, the prayer as mentioned in this writ petition to issue mandamus to relax bar cannot be granted on a simple ground that at such belated stage object of compassionate appointment i.e. to tide over immediate financial crisis does not exist, however, it is up to the State Government to relax the bar of 5 year or not. Accordingly, writ petition is disposed of. Order Date :- 17.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad