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2025 DAILYLAW 64421 (ALL)

SHILPA v. STATE OF U.P. AND 5 OTHERS

WRIA/7915/2025 · 2025-05-29

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93170 Court No. - 6 Case :- WRIT - A No. - 7915 of 2025 Petitioner :- Shilpa Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brijesh Kumar Yadava,Narendra Kumar Counsel for Respondent :- C.S.C.,Yatindra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Brijesh Kumar Yadav, learned counsel for petitioner and Sri Yatindra, learned counsel for respondent- B.S.A. 2. No objection certificate of affidavit filed by other members of family i.e. legal heirs of deceased employee are not signed by them, which is evident from the photocopy of affidavit placed on record as Annexure No.6 though it has not been specifically mentioned in impugned order. So far as the reason assigned in impugned order that petitioner may not fall within the definition of 'family'. Learned counsel for respondent- B.S.A. submits that it may not be a correct reason. 3. Learned counsel for petitioner submits that petitioner may be permitted to file a fresh application along with duly signed affidavit of other family members i.e. legal heirs of deceased and her claim for compassionate appointment be considered in accordance with law, taking note that she is still facing financially problems and was dependent on deceased also. 4. In aforesaid circumstances, an opportunity is granted to petitioner to file a fresh application along with all relevant documents and her claim will be considered, ignoring the impugned order, however, it is made clear that claim will be considered in accordance with law specifically considering the object of compassionate appointment and other factors such as her dependency on deceased. 5. Accordingly, writ petition is disposed of with aforesaid observation and direction. Order Date :- 30.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad