Allahabad High Court
Bhawana Saxena vs State Of U.P. And 5 Others on 18 May, 2023
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:108923 Court No. - 38 Case :- WRIT - A No. - 8649 of 2023 Petitioner :- Bhawana Saxena Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Babu Lal Ram,Rachana Singh Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana Hon'ble Saurabh Srivastava,J.
1. Heard Sri Babu Lal Ram, learned counsel for the petitioner and Sri Anadi Krishna Narayana, learned counsel appearing on behalf of the respondent nos.3 to 5 as well as learned Standing Counsel.
2. The present petition has been filed seeking the following relief:-
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to provide compassionate appointment on the suitable post under dying in harness rules in Uttar Pradesh State Road Transport Corporation.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide and consider representation dated 27.04.2023 of the petitioner with regard to providing compassionate appointment on the suitable post under dying in harness rules in Uttar Pradesh State Road Transport Corporation."
3. It is the case of the petitioner that the mother-in-law of the petitioner was posted as Class IVth employee in the office of U.P. State Road Transport Corporation Kasganj and during her service period, she died on 21.11.2020. The husband of the petitioner also died on 12.02.2021
4. Learned counsel for the petitioner submits that according to the U.P. Dependents of Dying in Harness Rules 9th (Amendment Rules, 2011), the petitioner was entitled to get compassionate appointment being daughter-in-law of the deceased employee. For the said purpose, the petitioner submitted a detailed reply before the respondent no.5 on 27.04.2023 which is still pending to be decided.
5. Learned counsel for the respondent nos.3 to 5 submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.5 to consider the grievance of the petitioner.
6. Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment available, the respondent no.5 is hereby directed to consider and decide the representation of the petitioner dated 27.04.2023, as expeditiously as possible, preferably within a period of two months from the date a certified copy of this order is produced before him.
7. The writ petition stands disposed of accordingly.
Order Date :- 18.5.2023 Vivek Kr.