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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 16052 of 2026 Court No. - 32 HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
"A. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents, i.e. the competent authority of the Uttar Pradesh State Road Transport Corporation, to consider and decide the claim of the petitioner Shivam Yadav for compassionate appointment against an appropriate post commensurate with his qualifications, treating the same as emanating from and in continuation of the original claim submitted by his mother immediately after the death in harness of Late Shri Shankar Lal Yadav on 08.07.2003, and to determine, by a reasoned and speaking order, the policy/rules legally applicable to such claim, including the legal effect and applicability of the subsequent Government Order dated 11.07.2003 and communication dated 24.09.2012, within a fixed period as may be stipulated by this Hon'ble Court
B. Issue an appropriate writ, order or direction in the nature of MANDAMUS commanding the concerned state respondents not to reject the petitioner's claim solely on the ground of passage of time, without taking into consideration that the widow of the deceased employee had invoked the compassionate-appointment mechanism immediately following the death of the employee, and that the original claim has never been brought to a lawful conclusion by a reasoned order.
C. Issue an appropriate writ, order or direction in the nature of MANDAMUS commanding the concerned state respondents that, upon
consideration and in the event the petitioner is found eligible under the policy/rules lawfully applicable to the claim, the respondents may accord Versus Counsel for Petitioner(s) : Aishwarya Pratap Singh Counsel for Respondent(s) : C.S.C., Sunil Kumar Misra Shivam Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
to the petitioner consequential consideration/appointment against a suitable available post in accordance with law within such period as this Hon'ble Court may deem fit &proper.
D. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. Learned counsel appearing for the petitioner submits that the petitioner's father died in harness on 08.07.2003 while serving as an Assistant Mechanic. It is further submitted that despite repeated representations moved by the petitioner and his mother seeking appointment on compassionate grounds, the respondents have not yet taken any decision thereon.
4. Sri Sunil Kumar Misra, learned counsel for respondent Nos. 2 to 4 and learned Standing Counsel appearing for respondent No. 1 have contended that the grievance of the present petitioner, regarding non-appointment on compassionate grounds, can be more appropriately redressed by the Regional Manager (respondent no.3) and that they have no objection if a direction is issued for expeditious disposal of the fresh representation, to be moved by the present petitioner, within such stipulated period, as may be
directed by this Court.
5. In this conspectus, as above, no useful purpose would be served by keeping this matter pending. Accordingly, this Court deems it appropriate to finally dispose of the present writ petition, without expressing any opinion on the merits of the case, with liberty to the present petitioner to move a fresh representation before the Regional Manager (respondent no.3) ventilating his grievances, as raised in this petition, within a period of three weeks from today, along with a certified copy of this order and a self attested copy of the instant writ petition, who, in turn, shall consider and decide the same in accordance with law expeditiously, preferably, within a period of three months from the date of production of the same, if there is no other legal impediment.
6. With the aforesaid directions and observations, present writ petition stands disposed of. October 1, 2026 vkg WRIA No. 16052 of 2026 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad