Sumit vs State Of U.P. And 3 Ors.
2015 Latest Caselaw 691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- WRIT - A No. - 31575 of 2015
 

 
Petitioner :- Sumit
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Sanjeev Kumar Rai
 
Counsel for Respondent :- C.S.C.,Brijesh Ojha
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Sanjeev Kumar Rai, learned counsel for the petitioner, Sri Brijesh Ojha, learned counsel for the respondents no.2, 3 and 4 and Sri V.S. Mishra, learned Standing Counsel for respondent no.1.

The petitioner seeking a direction to consider the claims for appointment on compassionate grounds under the Dying-in-Harness Rule, 1975. According to the petitioner, his father was working under the respondents as a permanent Class-IV employee and died on 13.5.2012 while still in service. The petitioner is stated to be an adopted son of Late Vijendra  and was adopted on 1.5.2012. According the petitioner, Vijendra was never married and, therefore, under the registered will executed on 1.5.2012, petitioner is the sole heir and adopted son of Late Vijendra.

In my opinion, no useful purpose would be served by keeping this matter pending .

The writ petition is disposed of with the direction to the respondent no.2, Nagar Ayukt, Nagar Nigam, Moradabad to consider and decide the claim of the petitioner for appointment on compassionate grounds under the Dying-in-Harness Rule, 1975 strictly in accordance with law within a period of three months from the date of receipt of certified copy of this order in his office.

It is made clear that the Court has not adjudicated the claim of the petitioner on merit.

Order Date :- 26.5.2015

Ashish Pd.