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Akshat Misra Application Early Hearing

The document is a civil miscellaneous application filed by Akshat Mishra requesting the disposal of Writ Petition No. 4003 (S/S) of 2009 concerning his mother's death and his subsequent appointment under the Dying in Harness rules. The petitioner claims that despite fulfilling all requirements and submitting necessary applications since 2001, there has been no decision from the respondents regarding his appointment. The petitioner seeks the court's intervention to expedite the decision-making process in the interest of justice.

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52 views4 pages

Akshat Misra Application Early Hearing

The document is a civil miscellaneous application filed by Akshat Mishra requesting the disposal of Writ Petition No. 4003 (S/S) of 2009 concerning his mother's death and his subsequent appointment under the Dying in Harness rules. The petitioner claims that despite fulfilling all requirements and submitting necessary applications since 2001, there has been no decision from the respondents regarding his appointment. The petitioner seeks the court's intervention to expedite the decision-making process in the interest of justice.

Uploaded by

jagrit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW BENCH, LUCKNOW

Civil Misc. Application No. of 2011


In Re:
Writ Petition No. 4003 (S/S) of 2009

Akshat Mishra ------------Petitioner


Versus
State of U.P. & others ---------Respondents

APPLICATION FOR DISPOSAL OF THE PETITION

For the facts, reasons and circumstances as mentioned in the accompanying


affidavit, it is most respectfully prayed that this Hon’ble court may kindly be
pleased to dispose off the aforesaid case in the interest of Justice.

Such other orders, which this Hon’ble court may deem fit and proper
under the circumstances of this case, may also be passed.

Lucknow
Dated JAGRIT SHARMA
Advocate
Counsel for the Petitioner
1

IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD


LUCKNOW BENCH, LUCKNOW

Writ Petition No. 4003 (S/S) of 2009

Akshat Mishra ------------Petitioner


Versus

State of U.P. & others ---------Respondents

AFFIDAVIT

(In support of Application for Disposal)

I, Akshat Mishra, aged about 26 years, S/O Sri Bindesh Chand Mishra,
R/O Mohalla- Patkhana, Post- Shahbad, Distt- Hardoi, the deponent
do hereby make oath and state as under:

1. That the deponent is himself the petitioner in the above noted


Writ Petition as such, he is fully conversant with the facts of the case
deposed to in this affidavit.

2. That the mother of the Petitioner died on 21-01-1998 during the


course of her employment as Asst Teacher at Primary school, vaishit
nagar, Block- shahbad, Distt-Hardoi.

3. That the Petitioner had been constrained to institute this writ


petition against the wholly illegal & callous action of the respondents in
most capriciously sleeping over the matter of appointment of petitioner
after the death of his mother under the Dying in harness rules for
which he is duly qualified after completing the requisite formalities way
back in the Year 2001.

4. That in the Year 2001 itself the case of the Petitioner had been
forwarded with due recommendation to the Opp.Party no.2 but until
date no decision has been taken by the Opp.Party no.2 and all the
representations / endeavors of the petitioner in this regard have
proved futile.
2

5. That after the death of the mother of Petitioner, there are no


other family members who are employed.

6. That it is being specifically stated that the father of the petitioner


and his brothers and sisters, all are unemployed on date and in such
circumstances the Petitioner being the eldest Son has been burdened
under the sole responsibility to look after and manage the entire family.

7. That the Petitioner has been loaded with the market debts in
order to perform the marriage of his two elder sisters which was
solemnized in the Year 1999 & 2008 respectively, after which the
Petitioner has been left with two younger brothers to look after

8. That till date the opposite parties have not filed any response to
the petition.

9. That the Deponent / Petitioner has earlier also filed an


application for disposal of the petition but it had remained unheard and
un-disposed.

10. That it would be expedient in the interest of Justice that this


Hon’ble court may be pleased to dispose off the petition with a
direction to the Opp.Party no.2 to take appropriate decision and
necessary action in the matter of the Petitioner which is pending
before him since 2001. Lucknow

Dated: DEPONENT

VERIFICATION
I, the deponent named above, do hereby verify that the Para 1 to
of this affidavit are true to my personal knowledge, those of
contents of Para’s of the affidavit are believed by me to
be true on the basis of record and those of contents of Para
of affidavit are believed by me to be true on the basis of legal advice
No part of it is false and nothing material has been concealed in it. So
help me God.
Lucknow
Dated: DEPONENT
I Jagrit Sharma Advocate, High Court, do hereby declare that the
deponent alleging himself to be the same person making this affidavit
is known to me from the papers of the case produced by him before
me.
Advocate
Solemnly affirmed and signed before me on .........................by the
deponent who is identified by Sri Jagrit Sharma, Advocate, High Court,
Lucknow Bench.
3

I have also satisfied myself by examining the deponent that he


understand the contents of Para’s of this affidavit, which have been
read over and explained to him by me.
Oath Commissioner

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