Allahabad High Court
SMT. SHALINIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court dismissed the petition, granting the petitioner liberty to withdraw and re‑file a fresh writ challenging the rejection of her candidature.
Summary
The petitioner, Smt. Shalini, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to consider her representations dated 28‑02‑2025 and 16‑05‑2025 and to appoint her to a suitable post under the Dying‑in‑Harness Rules, 1974, as well as to release all retirement dues to her and her minor posthumous daughter. The respondents, through the Standing Counsel, informed the Court that the petitioner’s candidature had been rejected twice. The petitioner’s counsel then requested liberty to withdraw the petition and file a fresh writ challenging the rejection order. The Court, after hearing both sides, allowed the withdrawal and dismissed the petition as not pressed. The order was pronounced on 23 September 2026, granting the petitioner liberty to file a fresh petition.
Issues considered
- Whether the High Court can compel the State to decide the petitioner’s representations and appoint her under the Dying‑in‑Harness Rules, 1974.
- Whether the Court can direct the release of the petitioner’s retirement benefits to her and her minor posthumous daughter.
Legislation cited
Subjects
- mandamus
- writ petition
- retirement benefits
- Dying-in-Harness Rules
- appointment
- posthumous daughter
- withdrawal of petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14726 of 2026
Smt. Shalini
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Yogesh Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State-respondents.
2. This petition has been filed for the following relief:
"I. To issue a writ order or direction in the nature of mandamus
commanding and directing the respondents to decide petitioner's
representations dated 28.02.2025 and 16.05.2025 and to appoint the
petitioner compassionate ground on suitable post commensurate to her
qualification (Clerk) under Dying-in-Harness Rules, 1974 within a
stipulated period as fixed by this Hon'ble Court, in the interest of justice.
II. To issue a writ order or direction in the nature of mandamus directing
the respondents to release all retiral dues i.e. NPS, GPF, Insurance and
Family Pension in favour of petitioner and her minor posthumous
daughter."
3. On the basis of instructions, learned Standing Counsel has submitted
that the candidature of the petitioner has been rejected twice. Copy of the
instructions be provided to the learned counsel for the petitioner.
4. Learned counsel for the petitioner submitted that in view of these
developments, the petitioner may be permitted to withdraw this petition
WRIA No. 14726 of 2026
2
with liberty to file fresh writ petition challenging the order rejecting the
candidature of the petitioner.
5. Accordingly, this petition is dismissed as not pressed with aforesaid
liberty.
September 23, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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