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PRADEEP KUMAR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Pradeep Kumar v. State Of U.P. And Others - WRIT - A No. 37096 of 2005 [2005] RD-AH 4501 (20 October 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                                       Court No.38

Civil Misc. Writ Petition No. 37096 of 2005

Pradeep Kumar              Versus               State of U.P. and others

Hon'ble Vineet Saran, J

This writ petition has been filed with a prayer for a direction in the nature of mandamus commanding the respondents to give compassionate appointment to the petitioner under the Dying in Harness Rules.

Learned counsel for the petitioner was earlier granted time to produce the relevant rules under which compassionate appointment can be granted to the petitioner in Ganna Samiti Bhogipura, Bareilly, Respondent no.3. Learned counsel for the petitioner has today again not been able to produce the relevant rules under which a direction can be issued to the respondents to give compassionate appointment to the petitioner.

Providing compassionate appointment is not by way of general rule but it can be directed only in cases where there is provision under law for the employer to grant such compassionate appointment. In the absence of the petitioner having been able to show that any such rule or scheme of the employer exists under which appointment has to be given to the dependant of the deceased employee, no such direction can be given.

This writ petition lacks merit and is, accordingly, dismissed.

Dt/-20.10.2005

dps


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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