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2025 DAILYLAW 79294 (ALL)

CHHAVI DEV SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIA/10876/2025 · 2025-07-31

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129295 Court No. - 4 Case :- WRIT - A No. - 10876 of 2025 Petitioner :- Chhavi Dev Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yash Padia Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner Chhavi Dev Sharma, the fourth son of late Bhuvneshwar Sharma has approached this Court to command respondent no. 4 to offer compassionate appointment to the petitioner in view of the report submitted by a five member Committee constituted in the State Tax Department on 24.10.2024 according to which the Committee resolved the claim of late Bhuvneshwar Sharma to be disbursed upon Smt. Sudha Sharma, the current wife of Bhuvneshwar Sharma. It is contended that there is no dispute with regard to four sons of late Bhuvneshwar Sharma and all the members of the family have given their no objection in favour of the petitioner and hence there is no impediment now in the way of concerned competent respondent no. 4 in offering compassionate appointment to the petitioner. Learned Standing Counsel submits that since the matter is engaging the attention of respondent no. 4, he may be directed to dispose of the claim of the petitioner in accordance with law. Having heard learned counsel for the parties and having perused the records, particularly the report submitted by five member Committee of State Tax Department, I find prima facie the claim set up by the petitioner to be rightful and genuine. In view of the above, this petition stands disposed of with a direction to the respondent no. 4 to consider the claim of the petitioner for compassionate appointment on account of his father dying in harness on 17.02.2022 and take a final decision in this regard and in the event there is no legal impediment, a positive direction may be issued in this regard within a period of six weeks of presentation of certified copy of this order. Order Date :- 1.8.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad