Sanjay Agarwal vs State Of U.P. And Others
2011 Latest Caselaw 3547 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 43431 of 2011
 

 
Petitioner :- Sanjay Agarwal
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Radha Kant Ojha
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner was working as Collection Tehsildar. He has been appointed on compassionate ground on account of death of his father under the Dying in Harness Rules. Learned counsel for the petitioner states that in the impugned order, it has been stated that his father had shown wrong date of birth. Though the contention of the petitioner that he was a regular employee, is found to be correct still it has been held that this post is a temporary in nature and accordingly the petitioner has been removed.

Learned counsel for the petitioner further submitted that there is no justification on the part of the respondent to raise any objection about the date of birth of his late father while considering the appointment of the petitioner, who has been appointed on compassionate ground under the Dying in Harness Rules. He submitted that during the life time of his father, no objection whatsoever has been raised regarding the date of birth of his father.

In my view, the reasons given in the impugned order, prima facie, are not justified and matter requires consideration.

Learned Standing Counsel is allowed four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List in the week commencing 12.9.2011.

Till the next date of listing, the operation of the order dated 18.7.2011 passed by the District Magistrate, Allahabad shall remain stayed.

Order Date :- 4.8.2011

OP