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HEMANT KUMAR RAI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Hemant Kumar Rai v. State Of U.P. And Others - WRIT - A No. 44817 of 2003 [2005] RD-AH 5611 (11 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Tarun Agarwala,J.

Heard counsel for the parties.

The petitioner's father died in harness on 11.6.1993. The petitioner applied for appointment on compassionate ground under the Dying-in-Harness Rules which was rejected by an order dated 22.3.2003, on the ground, that the petitioner was not entitled for an appointment in view of the Government Order dated 30.5.2001, which stipulates, that if an employee died in action, in that event, his heirs would be entitled for appointment on compassionate ground.

In Writ Petition No.15190 of 2003, Achin Singhal vs. State of U.P. and others, decided on 13.9.2005, this Court held that the Government Order dated 30.5.2001 was arbitrary and had also quashed the said Government Order.

In view of the aforesaid, the impugned order cannot be sustained and is quashed. The writ petition is allowed and the matter is remitted back to the authority to reconsider the petitioner's application and pass a reasoned and speaking order within three months from the date of production of a certified copy of this order.

Dated: 11.11.2005

AKJ(WP 44817/03)


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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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