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Allahabad High Court

SHIVAM YADAVversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court disposed of the petition without deciding the merits, directing the petitioner to file a fresh representation before the Regional Manager, thereby refusing to grant mandamus.

Summary

Shivam Yadav filed a writ petition seeking a mandamus directing the Uttar Pradesh State Road Transport Corporation to consider his claim for a compassionate appointment arising from his father's death in service in 2003, contending that the widow had invoked the mechanism then and the claim remained undecided. The respondents argued that the grievance should be addressed by the Regional Manager and had no objection to an expeditious disposal of a fresh representation. The court held that keeping the petition pending would serve no useful purpose and declined to express any opinion on the merits of the mandamus relief. It directed the petitioner to file a fresh representation before the Regional Manager within three weeks, attaching a certified copy of the order, and instructed the Regional Manager to decide the matter within three months, subject to any legal impediment. Consequently, the writ petition was disposed without a substantive ruling on the merits.

Issues considered

  • Whether the High Court can issue a mandamus directing UPSRTC to consider and decide the petitioner’s compassionate appointment claim.
  • Whether the passage of time can be ignored as a ground for rejecting the claim when the widow had invoked the compassionate appointment mechanism immediately after the death.
  • Whether the appropriate forum for redressing the grievance is the Regional Manager of UPSRTC.

Subjects

  • compassionate appointment
  • mandamus
  • administrative law
  • Uttar Pradesh State Road Transport Corporation
  • writ petition
  • time bar
  • regional manager

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                            WRIT - A No. - 16052 of 2026

Shivam Yadav
                                                                     .....Petitioner(s)
                                      Versus
State Of U.P. And 3 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)                      :   Aishwarya Pratap Singh
Counsel for Respondent(s)                      :   C.S.C., Sunil Kumar Misra

Court No. - 32
                        HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the parties.

2. This writ petition has been filed, inter alia, seeking the following reliefs:

     "A. Issue a writ, order or direction in the nature of MANDAMUS
     commanding the respondents, i.e. the competent authority of the Uttar
     Pradesh State Road Transport Corporation, to consider and decide the
     claim of the petitioner Shivam Yadav for compassionate appointment
     against an appropriate post commensurate with his qualifications,
     treating the same as emanating from and in continuation of the original
     claim submitted by his mother immediately after the death in harness of
     Late Shri Shankar Lal Yadav on 08.07.2003, and to determine, by a
     reasoned and speaking order, the policy/rules legally applicable to such
     claim, including the legal effect and applicability of the subsequent
     Government Order dated 11.07.2003 and communication dated
     24.09.2012, within a fixed period as may be stipulated by this Hon'ble
     Court


     B. Issue an appropriate writ, order or direction in the nature of
     MANDAMUS commanding the concerned state respondents not to reject
     the petitioner's claim solely on the ground of passage of time, without
     taking into consideration that the widow of the deceased employee had
     invoked the compassionate-appointment mechanism immediately
     following the death of the employee, and that the original claim has never
     been brought to a lawful conclusion by a reasoned order.


     C. Issue an appropriate writ, order or direction in the nature of
     MANDAMUS commanding the concerned state respondents that, upon
     consideration and in the event the petitioner is found eligible under the
     policy/rules lawfully applicable to the claim, the respondents may accord
                                                                                                WRIA No. 16052 of 2026
                                                                      2

                                         to the petitioner consequential consideration/appointment against a
                                         suitable available post in accordance with law within such period as this
                                         Hon'ble Court may deem fit &proper.


                                         D. Issue any other writ, order or direction which this Hon'ble Court may
                                         deem fit and proper under the facts and circumstances of the case."

                                    3. Learned counsel appearing for the petitioner submits that the petitioner's
                                    father died in harness on 08.07.2003 while serving as an Assistant Mechanic.
                                    It is further submitted that despite repeated representations moved by the
                                    petitioner and his mother seeking appointment on compassionate grounds,
                                    the respondents have not yet taken any decision thereon.

                                    4. Sri Sunil Kumar Misra, learned counsel for respondent Nos. 2 to 4 and
                                    learned Standing Counsel appearing for respondent No. 1 have contended
                                    that the grievance of the present petitioner, regarding non-appointment on
                                    compassionate grounds, can be more appropriately redressed by the
                                    Regional Manager (respondent no.3) and that they have no objection if a
                                    direction is issued for expeditious disposal of the fresh representation, to be
                                    moved by the present petitioner, within such stipulated period, as may be
                                    directed by this Court.

                                    5. In this conspectus, as above, no useful purpose would be served by
                                    keeping this matter pending. Accordingly, this Court deems it appropriate to
                                    finally dispose of the present writ petition, without expressing any opinion
                                    on the merits of the case, with liberty to the present petitioner to move a
                                    fresh representation before the Regional Manager (respondent no.3)
                                    ventilating his grievances, as raised in this petition, within a period of three
                                    weeks from today, along with a certified copy of this order and a self
                                    attested copy of the instant writ petition, who, in turn, shall consider and
                                    decide the same in accordance with law expeditiously, preferably, within a
                                    period of three months from the date of production of the same, if there is
                                    no other legal impediment.

                                    6. With the aforesaid directions and observations, present writ petition
                                    stands disposed of.

                                    October 1, 2026
                                    vkg
                                                                                                    (Dinesh Pathak,J.)




Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad


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