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2025 DAILYLAW 8935 (ALL)

GYANENDRA KUMAR SRIVASTAVA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIA/891/2025 · 2025-01-23

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11777 Court No. - 7 Case :- WRIT - A No. - 891 of 2025 Petitioner :- Gyanendra Kumar Srivastava And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Shanker Mishra Counsel for Respondent :- Akhilesh Kumar Sharma,C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the respondents no.1 & 2 and Sri A. K. Sharma, learned counsel for the respondents no.3 & 4. 2. The petitioners have preferred present writ petition inter-alia with the following prayers :- "A. Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent authorities to appoint the petitioners in the department of Basic Education, District- Varanasi on class 3rd/ 4th post under dying in harness Rule. B. Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent no. 4/ District Basic Education Officer, Varanasi to consider and decide the grievances/representations dated 19.10.2023 of the petitioners, still pending before him accordance with law within stipulated period as fixed by this Hon'ble Court." 3. It is admitted between the parties that the controversy involved in the present writ petition is identical as in Writ A No.8741 of 2023 (Subhash Chand Vs. State of U.P. and 3 others), which was finally disposed of vide judgement and order dated 18.07.2023. The operative portion of the order is reproduced below:- "38. Matter is remanded to the Secretary, U.P. Basic Education Board, Prayagraj to consider the case of the petitioner for compassionate appointment on Class-III/Class-IV post in accordance with the observations made in this order and the directions issued by this Court vide judgement and order dated 25.07.2012 rendered in Civil Misc. Writ Petition No. 33828 of 2012 within two months from the date of service of certified copy of this order." 4. In this view of the matter, present writ petition is also allowed in terms of order passed in the case of Subhash Chand (supra). Order Date :- 23.1.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad