Court No. - 3
Case :- WRIT - A No. - 19937 of 2018 Petitioner :- Km. Garima Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Singh,Suvarna Singh Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 11 and Sri Shivam Yadav, learned counsel for respondent nos. 2 and 3.
Considering the nature of proposed order to be passed in the writ petition, there is no need to issue notice to respondent no. 4.
Learned counsel for the petitioner submitted that her father was working on the permanent post of Junior Engineer in Kanpur Development Authority and died on 12.6.2018 during service period. He further submitted that petitioner is entitled for appointment on compassionate ground under Dying-in-Harness Rules and for that purpose, she has moved a representation dated 16.07.2018 before respondent no. 2 and has also sent a reminder on 13.08.2018, but till date, the same has not been decided. He further submitted that grand mother of the petitioner was also dependant upon her father and petitioner is not having good relation with her mother, therefore, she is creating problem in her appoint under Dying-in-Harness Rules. Lastly, counsel for the petitioner prayed that a suitable direction may be issued to respondent no. 2 to decide the representations of the petitioner within a time bound manner.
Learned counsel for the respondent nos. 2 and 3 has no objection to the prayer made by the petitioner.
Considering the facts and circumstances of the case, with the consent of parties, without adverting the merits of the case, the writ petition is disposed of with direction to respondent no.2 (Vice Chairman, Kanpur Development Authority, Kanpur Nagar) to decide the representations of the petitioner dated 16.07.2018 and 13.08.2018 strictly in accordance with law within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to respondent no. 4 and grand mother of petitioner. However, it is open for the petitioner to file a fresh representation along with certified copy of this order.
Order Date :- 18.9.2018 Arvind