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MOHD. SHAKEEL versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Mohd. Shakeel v. State Of U.P. And Others - WRIT - A No. 70346 of 2005 [2005] RD-AH 5709 (14 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'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The father of the petitioner died in harness in 1979. No application was made by any of the family members including the mother of the petitioner for compassionate appointment.

It is urged by the counsel for the petitioner that the application for appointment had been made by the petitioner when he attained the majority in 1990 i.e. after about 11 years but his case was not considered at that time.  Now the writ petition has been filed at the fag end of 2005 after about 26 years for a direction to the authority to appoint him on compassionate ground.

The appointment under the Dying in Harness Rules is with the object for survival of the family on account of sudden demise of bread earner the family is in indigent circumstances. The petitioner has no legal right for appointment under the Dying in Harness Rules. The family has survived for the last about 26 years.  It is not a case of immediate help to the petitioner's family for survival. No direction can be issued in the circumstances by the Court after 26 years of the death of the father of the petitioner. The petition suffers from delay and unexplained latches.

For the reasons stated above, the writ petition is dismissed.

Dated 14.11.2005

CPP/-70346-2005


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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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