Allahabad High Court

NITIN SAINIversusSTATE OF UTTAR PRADESH AND 2 OTHERS

Decided: 5 May 2026
Bench: DINESH PATHAK

Holding

The Court disposed of the writ petition without merits, directing the petitioner to file a fresh representation and the Managing Director to decide it expeditiously.

Summary

The petitioner, Nitin Saini, filed a writ petition seeking a mandamus directing the Managing Director of Madhyanchal Vidyut Vitran Nigam Ltd to consider his compassionate appointment claim under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, after his father died in service. The respondent MD argued that the grievance could be redressed by himself and did not oppose a direction for expeditious disposal of a fresh representation. The Court found no merit in continuing the petition and ordered the petitioner to file a fresh representation within three weeks, attaching a certified copy of the order, and directed the MD to decide the matter within two months, provided no legal impediment exists. No substantive observations on the merits were made. The petition was therefore disposed of without prejudice.

Issues considered

Whether a writ of mandamus can be issued directing the Managing Director to decide a compassionate appointment claim under the 1974 recruitment rules.
Whether the petitioner’s original representation can be considered by the court or must be refiled before the appropriate authority.

Subjects

compassionate appointment
mandamus
writ petition
U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974
administrative law
public sector employment

Judgment

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                            WRIT - A No. - 6737 of 2026

Nitin Saini
                                                                    .....Petitioner(s)
                                      Versus
State Of Uttar Pradesh And 2 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)               :   Ashish Dwivedi, Gunjan Bhardwaj
Counsel for Respondent(s)               :   C.S.C., Shivam Yadav

Court No. - 33
                        HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the parties.

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

      "(i) Issue a writ, order or direction in the nature of mandamus
      commanding and directing the Respondent No. 2, / Managing Director,
      Madhyanchal Vidyut Vitran Nigam Limited, 4-A, Gokhale Marg,
      Lucknow, to consider and decide the case of the petitioner for
      appointment on compassionate grounds strictly in accordance with the
      provisions of the U.P. Recruitment of Dependents of Government
      Servants Dying in Harness Rules, 1974, within a stipulated period as may
      be fixed by this Hon'ble Court."

3. It is submitted that the father of the petitioner died in harness on
27.01.2021 while serving as a Class IV employee. Thereafter, the petitioner
made a representation for compassionate appointment; however, till date, no
decision has been taken on the said representation.

4. Learned counsel for the respondent no.2 (Managing Director,
Madhyanchal Vidyut Vitran Nigam Limited) has contended that the
grievance of the petitioner can be more appropriately redressed by
the Managing       Director,     Madhyanchal      Vidyut     Vitran     Nigam
Limited (respondent no.2) and he has 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, therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
                                                                                              WRIA No. 6737 of 2026
                                                                    2


                                    on the merits of the case, with liberty to the present petitioner to move a
                                    fresh representation before the Managing Director, Madhyanchal Vidyut
                                    Vitran Nigam Limited (respondent no.2) to ventilate 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 two months from the date
                                    of production of the same, if there is no any other legal impediment.

                                    6. With the aforesaid observation, present writ petition is disposed of.

                                    May 6, 2026
                                    vkg
                                                                                                 (Dinesh Pathak,J.)




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

Continue reading with your account

Checking your session…