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2022 Supreme(Online)(All) 26875

ALLAHABAD HIGH COURT
NEETESH BAGHEL – Appellant
Versus
State – Respondent
WRIA/12719/2022



Court No. - 30

Case :- WRIT - A No. - 12719 of 2022

Petitioner :- Neetesh Baghel

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Brajendra Kumar,Naresh Kumar Pal

Counsel for Respondent :- C.S.C.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the petitioner and learned Standing

Counsel representing respondents No.1 to 4.

Considering the nature of the order, proposed to be passed,

notices on respondents No. 5 and 6 are being dispensed with.

With the consent of learned counsel for the parties, the writ

petition is being decided at this stage without calling for a

counter affidavit.

Neetesh Baghel (the petitioner) son of Late Mukut Singh is

before this court for a direction to the respondents to consider

the claim of the petitioner for compassionate appointment under

the Dying-in-Harness Rules in place of his father and for further

direction to the respondents to pass appropriate order on the

pending representation of the petitioner, which has been

annexed as Annexure No.9 to the writ petition.

The record reveals that the father of the petitioner namely Late

Mukut Singh working as peon in Ganga Devi Baghel Vidhyalay

Gotpur, Distt. Mainpuri died-in-harness on 7.4.2017. The

petitioner having the requisite qualifications has applied for the

post of Paricharak in the said institution. It is averred that the

application of the petitioner has never been forwarded to the

Basic Shiksha Adhikari, Mainpur (respondent No.4) by the

Committee of Management of the Institution for consideration

of his appointment. Thereafter, the petitioner sent an application

for his appointment to respondent No.4 by registered post on

20.6.2022 but the same was not considered. In that respect the

petitioner has preferred a representation on 15.7.2020 before

respondent No.4 but the same is also pending consideration.

Learned counsel for the petitioner precisely submits that the

respondent no.4 may be directed to consider the representation/

application of the petitioner for compassionate appointment

expeditiously.

Learned Standing Counsel fairly states that in case the

representation/application is still pending and has not been

decided, the same will be considered and decided expeditiously.

In view of above, without expressing any opinion on the merits

of the case and considering the facts and circumstances of the

case, this writ petition is disposed of finally with a direction to

the respondent no.4 to consider and decide the petitioner's

representation/application for compassionate appointment in

accordance with law within a period of six weeks from the date

of production of a certified copy of this order before him.

Order Date :- 2.9.2022

Vandana

(Ashutosh Srivastava,J.)

Digitally signed by VANDANA

GAUTAM

Date: 2022.09.02 16:42:50 IST

Reason:

Location: High Court of Judicature at

Allahabad

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