Court No. - 4
Case :- WRIT - A No. - 23019 of 2018 Petitioner :- Pragya Chaturvedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhola Nath Yadav,Ajai Kumar Mishra Counsel for Respondent :- C.S.C.,Pradeep Singh Sengar Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for petitioner as well as learned Standing Counsel appearing for the respondents no. 1 and 2 and Sri Pradeep Singh Sengar, learned counsel appearing for the respondent no. 3, the District Basic Education Officer, Hapur.
Present writ petition has been filed seeking a mandamus commanding the respondents, specially the respondent no. 3, to consider and decide the application dated 18.4.2017 submitted in the prescribed form moved by the petitioner for the appointment on the compassionate ground under dying-in-harness Rules and appoint the petitioner on the post of Assistant Teacher in the primary school run by the Board of Basic Education or on any suitable post as per her qualification within the period stipulated by this Court.
Counter and rejoinder affidavits have been exchanged in the present writ petition.
Mother of the petitioner who was working as Head Mistress in the Primary School Banokhar, Block Dhaulana, district Hapur died while in service on 11.1.2016. The petitioner who is married daughter of late Geeta Chaturvedi applied for appointment on compassionate ground. Now the matter has been settled that a married daughter is also entitled for appointment on compassionate ground. It is not in dispute that the matter is still pending for consideration.
In such view of the matter, no fruitful purpose would be served by keeping this writ petition pending as the matter is yet to be considered by the competent authority.
Accordingly, present writ petition stands disposed of with liberty to the petitioner to file a fresh representation before the respondent no. 2, the Director of Education, U.P. at Prayagraj within a period of six weeks from today alongwith all relevant documents and in case any such representation is filed, the same shall be considered and decided, in accordance with law, on its own merit, preferably within a period of three months from the date of filing of the representation alongwith self attested copy of this order which may be verified by the authority concerned from the website of this Court.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the authority concerned while deciding the claim of the petitioner.
No costs.
Order Date :- 7.1.2021 p.s.