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2025 DAILYLAW 65752 (ALL)

AJAY KUMAR PATEL v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/8849/2025 · 2025-07-06

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106033 Court No. - 5 Case :- WRIT - A No. - 8849 of 2025 Petitioner :- Ajay Kumar Patel Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Aishwarya Pratap Shahi,Ayushi,Parijat Srivastava Counsel for Respondent :- Abhishek Srivastava,C.S.C.,Devesh Vikram Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ritaj Vikram Singh, Advocate holding brief of Sri Aishwarya Pratap Shahi, learned counsel for petitioner, S/Sri Abhishek Srivastava and Devesh Vikram, learned counsel for respondents. 2. Petitioner’s father died in harness on 01.07.2019 while working as Lineman at respondent U.P.P.C.L. and admittedly, an application for compassionate appointment was filed on 18.06.2024 i.e. after 5 years, therefore, respondent-department vide impugned order dated 23.07.2024 rejected the application of petitioner on a ground that it was filed beyond 5 years. 3. Learned counsel for petitioner submits that there is no dispute that application was filed beyond 5 years, however, there is an explanation for such delay as it took time to make consensus in the family. 4. Learned counsel for respondents submit that petitioner will have an opportunity to approach Board of Directors of U.P.P.C.L. (respondent-2) since power to condone the delay in filing application for compassionate appointment is with them. 5. Considering aforesaid submissions, this writ petition is disposed of with an observation that petitioner will approach the respondent-2 (Board of Directors, U.P.P.C.L.) and in case Board of Directors find that reasons are sufficient to consider application even beyond limitation of 5 years for compassionate appointment, the same may be considered sympathetically. Order Date :- 7.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad