Allahabad High Court
SMT NIDHIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court did not examine the merits and disposed of the petition, directing the respondent authority to decide the representation for compassionate appointment within twelve weeks.
Summary
The petitioner, Smt Nidhi, applied for a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 after her father's death on 24‑04‑2025. She filed a representation on 06‑07‑2026, which remained pending without decision. The petitioner sought a writ of mandamus directing the respondent authority to consider her representation. The Court noted that the petitioner had already approached the authority and found no merit in keeping the writ pending. Consequently, the Court disposed of the petition, directing the respondent to decide the representation within twelve weeks of the certified copy of the order, after hearing all heirs, provided no other legal impediment exists, and clarified that it did not examine the merits of the case.
Issues considered
- Whether a writ petition seeking a compassionate appointment should be entertained when the representation is pending before the respondent authority
- Whether the Court can direct the respondent authority to decide the representation within a specified time frame
Legislation cited
Subjects
- compassionate appointment
- writ petition
- representation
- government service
- Uttar Pradesh recruitment rules
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15504 of 2026
Smt Nidhi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kumar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Contention of learned counsel for the petitioner is that father of the petitioner died
on 24.4.2025 and thereafter, petitioner has claimed compassionate appointment under
the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in
Harness Rules, 1974. Representation was submitted by the petitioner on 6.7.2026 and
the same has not been decided till date nor appointment has been offered to the
petitioner.
2. Learned Standing Counsel has submitted that since the petitioner has already
approached respondent authority, no useful purpose would be served in keeping this
writ petition pending.
3. Accordingly, the writ petition stands disposed of with a direction to respondent
authority to consider and decide the representation of petitioner for compassionate
appointment, in accordance with law, expeditiously, preferably, within twelve weeks
from the date of production of a certified copy of this order after providing
opportunity of hearing to all the heirs of deceased employee, provided there is no
other legal impediment.
4. It is made clear that this Court has not examined the matter on merits of the case.
September 24, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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