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2025 DAILYLAW 97908 (ALL)

KAJAL DEVI v. THE STATE OF U.P. AND 5 OTHERS

WRIA/14166/2025 · 2025-09-18

Ajit Kumar

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14166 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs: "a. Issue a writ, order or direction in the nature of mandamus, directing the Respondent Authorities, to consider the claim of the petitioner for compassionate appointment on any suitable post as per his qualification in the Respondents Department, under the Dying-in- Harness Rules, 1974. " 3. Learned counsel for the petitioner submits that the petitioner is seeking compassionate appointment on account of his husband dying in harness on 15.11.2021. It is further submitted that in the above regard she has already represented the matter before the competent authority which is pending consideration till date. 4. Learned Standing counsel has no objection in Versus Counsel for Petitioner(s) : Atipriya Gautam, Madhaw Pandey, Rishabh Kesarwani, Sr. Advocate Counsel for Respondent(s) : C.S.C. Kajal Devi .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s) case if petitioner's representation is directed to be decided by the concerned competent respondent in a time bound period and in accordance with law. 5. In view of the above, this petition stands disposed of with direction to the respondent no.4 to look into and consider the claim of the petitioner as raised in her representation dated 05.06.2025 and decide the same as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order taking into consideration the judgment of the Supreme Court in the case of Malya Nanda Shetty v. State of Orissa and others vide Civil Appeal No.4103 of 2022, in which Supreme Court has observed that such applications seeking compassionate appointment should positively be decided within a period of six months of presentation before the competent authority. 6. Needless to add, the order to be passed shall be reasoned and speaking one. September 19, 2025 Deepika WRIA No. 14166 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad