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Gyanendra Katiyar v. State Of U.P. Thru' Secretary Mini. Of Irrigation And Others - WRIT - A No. 9011 of 2006 [2006] RD-AH 3517 (15 February 2006)


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Court No. 30

Civil Misc. Writ Petition No. 9011 of 2006

Gyanendra Katiyar                                    ------                  Petitioner


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


Hon'ble V.C.Misra, J.

Heard Sri Pramod Kumar Sharma, learned counsel for the petitioner and learned Standing Counsel for the State respondents and perused the record of the case. This writ petition is decided at the admission stage itself under the Rules of Court.

This writ petition has been filed by the petitioner for quashing the order-dated 26.11.2005 (Annexure No. 1 to the writ petition) passed by respondent no. 2- Executive Engineer, Lift Irrigation, Kanpur  and for a direction to the respondents to appoint the petitioner under the Dying in Harness Rules in place of his deceased father.

The grievance of the petitioner is that he has not been granted appointment under the Dying in Harness Rules in place of his father who was an employee of the respondents and died on 19.8.1983 though an application was moved by him after he attained majority in 1997. From the record as well as letter dated 7.2.1989 (Annexure No. 7 to the writ petition) issued by the Executive Engineer, Nalkoop Khand, Fatehpur it is found that mother of the petitioner had already moved an application before the authority concerned for the release of the payment of the arrears of the deceased and for family pension. The appointment under the Dying in Harness Rules is to be made on compassionate grounds to provide immediate relief and succor to the bereaved family and as per the rules the application should have been made within a period of five years. Admittedly it has been moved belatedly on 20.4.1997 after a period of 14 years. In my view no reasonable ground is made out for providing appointment on compassionate ground.

However considering the facts and circumstances of the instant case the respondents are directed to consider the application/ representation made by the mother of the petitioner for the release of the family pension and other balance amount of her deceased husband lying with the respondents as referred to in the letter dated 7.2.1989 (Annexure No. 7 to the writ petition) preferably within two months from the date of production of a certified copy of this order before the authority concerned provided the same has not already been granted and the family pension is not being paid to the mother of the petitioner.  

With the above direction /observations, the writ petition is dismissed. No order as to costs.


Kdo writ petition 9011/06


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