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2025 DAILYLAW 64203 (ALL)

ASHVANI GAUR v. STATE OF UP AND 3 OTHERS

WRIA/8816/2025 · 2025-07-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112659 Court No. - 52 Case :- WRIT - A No. - 8816 of 2025 Petitioner :- Ashvani Gaur Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ratnakar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ratnakar Upadhyay, learned counsel for the petitioner and learned counsel for the State-respondents. The writ petition has been filed with the prayer to direct the District Basic Education Officer, Bulandshahr, District Bulandshahr to provide the compassionate appointment under the dying in harness category in favour of the petitioner and further prayer to direct the respondent no.3 to pass appropriate order on the application dated 09.04.2025 moved by the petitioner. Learned counsel for the petitioner submits that father of the petitioner died on 08.12.2024, therefore, an application dated 09.04.2025 requesting for appointment on compassionate ground has been moved by the petitioner but no decision has been taken till date. Hence, the present writ petition. Learned counsel for the State-respondents submits that he has no objection, in case, fresh representation is moved by the petitioner before the authority concerned for redressal of his grievance, the same shall be considered in accordance with law. Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may make fresh application/representation along with earlier application dated 09.04.2025, ventilating all his grievance, supported by such documents, as may be advised, before the respondent no.3 District Basic Education Officer, Bulandshahr, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 14.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad