RAVI BHUSHAN KUSHWAHA v. STATE OF U.P. AND 4 OTHERS
WRIA/10957/2025 · 2025-08-03
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81407 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81407 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:130751 Court No. - 52 Case :- WRIT - A No. - 10957 of 2025 Petitioner :- Ravi Bhushan Kushwaha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Shukla,Nikhil Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Satyendra Chandra Tripathi, learned counsel for the petitioner, Mr. Nagendra Kumar Pandey, learned counsel for respondent-BSA and learned Standing Counsel for the State- respondents. The writ petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to take decision on the letter dated 03.03.2025 send by District Basic Education Officer, Amroha, by which guidelines has been asked for appointment of the petitioner on the post of Assistant Teacher in Primary School under dying-in- harness. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to appoint the petitioner on the post of Assistant Teacher in Primary School under dying-in-harness."
Learned counsel for the petitioner submits that petitioner's husband died in the year 2021 under dying in harness. The petitioner has applied, through online, for appointment on compassionate ground on the post of Assistant Teacher as she is qualified for the same but the respondent no.3 has not taken any decision till date. Therefore, a direction may be issued to the authority concerned to take decision on the application pending before him and pass appropriate orders.
Learned counsel for the respondent-BSA could not dispute the aforesaid fact. 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 with a
direction to the respondent no.3 Secretary, UP Basic Education Board, Prayagraj to take decision and pass appropriate order on the application given by the petitioner for appointment on compassionate ground on the post of Assistant Teacher, in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of four weeks from today, if there is no legal impediment.
Order Date :- 4.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad