Allahabad High Court
ROSHAN PARVEENversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed with a direction to the respondent to decide both the widow’s and the son’s representations within twelve weeks after hearing all parties.
Summary
The petitioner, a widow, filed a writ petition seeking a mandamus directing the State to consider her claim for a compassionate appointment under the Dying‑in‑Harness Rule, 1974, to the post of District Minority Welfare Officer, Jalaun, following her husband's death on 16‑02‑2024. The petitioner had already submitted a representation which was pending. The private respondent, the deceased's son, had also filed a similar application and a separate writ (Writ A No. 12055 of 2026) which the Court had earlier directed to be decided after hearing all heirs. The Court noted that it had already ordered consideration of representations after hearing all heirs and therefore disposed of the present petition, directing Respondent No. 6 to decide both the widow’s and the son’s claims within twelve weeks, after giving an opportunity of hearing and evidence, unless any other legal impediment exists.
Issues considered
- Whether the State must consider the widow’s claim for compassionate appointment under the Dying‑in‑Harness Rule, 1974.
- Whether the pending representation of the son, another heir, affects the consideration of the widow’s claim.
Subjects
- compassionate appointment
- Dying‑in‑Harness Rule
- heir
- administrative law
- mandamus
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15449 of 2026
Roshan Parveen
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Singh Rathore
Counsel for Respondent(s) : Anil Kumar Dubey, C.S.C., Dilip
Kumar Goswami
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed for the following relief:
"Issue a writ order or diction in the nature of mandamus directing the
respondent No. 6 to consider the claim of the petitioner for appointment
on compassionate basis under Dying-in-Harness Rule-1974 in the office
of District Minority Welfare Officer, Jalaun at Orai in place of his
husband."
3. This petition has been filed by the wife claiming compassionate
appointment after the death of her husband who has died on 16.02.2024.
4. Learned counsel for the petitioner has submitted that the petitioner has
moved a representation in this regard which is pending consideration.
5. Learned counsel appearing for the private respondent has submitted that
Mohd. Akin Khan is the son of deceased employee and he has also moved
an application for appointment under dying in harness rules after death of his
father. He has also approached this Court by filing Writ A No. 12055 of
2026 which was disposed of with a direction to the competent authority to
take decision in the matter within twelve weeks after providing opportunity
of hearing to all the heirs of the deceased.
6. Since this Court has already directed for consideration of representation
after hearing all the heirs of deceased, this petition is also disposed of with a
WRIA No. 15449 of 2026
2
direction to respondent no. 6 to take appropriate decision on the
representation of the petitioner as well as on the private respondent, 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 the parties concerned and opportunity to
lead evidence in support of their case, provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 24, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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