Allahabad High Court
DIVYANSHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to the District Magistrate to decide the petitioner’s representation for compassionate appointment within twelve weeks, without expressing any opinion on the merits.
Summary
The petitioner, Divyansh, filed a writ petition seeking a mandamus directing the authorities to grant him a compassionate appointment under the Uttar Pradesh Dying‑in‑Harness Rules, 1974, and to compel the District Magistrate of Hamirpur to consider his pending application within a reasonable time. The petitioner’s counsel argued that the representation filed on 06‑01‑2026 had not been acted upon, while the State’s standing counsel contended that the petition served no useful purpose and should be disposed of with a direction for timely consideration. The Court examined the facts without expressing any view on the merits of the compassionate appointment claim. It held that the petition should be disposed of and ordered the District Magistrate to decide the representation expeditiously, preferably within twelve weeks of the certified copy of the order, after hearing the respondent No. 4 and the heirs of the deceased employee. The order emphasized that the decision must be in accordance with law and that no other legal impediment should exist. Consequently, the petition was closed with a specific time‑bound directive to the respondent.
Issues considered
- Whether a writ of mandamus can be issued directing a compassionate appointment under the Dying‑in‑Harness Rules, 1974
- Whether the pending representation/application should be decided by the administrative authority within a court‑prescribed time frame
Subjects
- compassionate appointment
- mandamus
- writ petition
- administrative law
- time‑bound decision
- Dying‑in‑Harness Rules 1974
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14951 of 2026
Divyansh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Virendra Kumar Tiwari
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 and perused the record.
2. The instant writ petition has been filed for the following relief:
"A. A writ order or direction in the nature of of mandamus directing to
direct the concern authorities to grant compassionate appointment to the
petitioner on a suitable post, inside the relevant department.
B. A writ order or direction in the nature of of mandamus directing to
respondents respondent no.2 i.e District Magistrate Hamirpur to consider
the representation / application of the petitioner dated 06.01.2026 for
compassionate appointment under the dying in harness rules 1974 (U.P
Recruitment of dependants of Government servants dying in harness rule
1974) within a specific and reasonable time bound period as stipulated by
this Hon'ble court."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
compassionate appointment. In this regard, the petitioner has moved a
representation/application which is pending consideration.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no. 2 to decide the representation/application of the petitioner
within a time frame as fixed by this Court.
WRIA No. 14951 of 2026
2
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 2 to consider and decide the
aforementioned representation/application of the petitioner for
compassionate appointment, in accordance with law, expeditiously,
preferably within a period of twelve weeks from the date of production of a
certified copy of this order after giving opportunity of hearing to respondent
no. 4 as well as all the heirs of deceased employee, provided that there is no
other legal impediment.
(Manish Kumar Nigam,J.)
September 18, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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