Afsar Ahhmad vs State Of U.P. Thru Prin.Secy.Home ...
2017 Latest Caselaw 3207 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- SERVICE SINGLE No. - 18178 of 2017
 
Petitioner :- Afsar Ahhmad
 
Respondent :- State Of U.P. Thru Prin.Secy.Home Deptt. Lucknow & Ors.
 
Counsel for Petitioner :- Amit Bose
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard Mr. Amit Bose, learned counsel for petitioner and Mr. Vinod Kumar Shukla, learned Standing Counsel for the State.

Petitioner had filed an application to be appointed under Dying-in-Harness Rules on account of death of his father late Rais Ahmad, who expired on 02.03.2015.  Father of petitioner was working as a Constable in 35th Battalion, P.A.C., Lucknow. The said claim of petitioner has been rejected referring to Rule 5(1) of Dying-in-Harness Rules, 1974 stating that if both husband and wife are working as government servants then on death of anyone the children shall not be entitled to be appointed under Dying-in-Harness Rules.

The facts of the present case are that petitioner is son of his first wife, who died in the year 2010 and after death of his first wife i.e. the mother of petitioner, late Rais Ahmad married again with Shabnam Nisha, who is second wife of the deceased, who is a teacher in a Primary School and is not taking care of the petitioner.

In view of above facts, Rule 5 (1) of Dying-in-Harness Rules is not applicable in the present case. Hence, the impugned order dated 28.06.2017 is set aside.  Petitioner is permitted to make a fresh representation to the Commandant, 35th Battalion, P.A.C., Lucknow along with a certified copy of this order annexing therewith all the documents in support of his claim within a period of three weeks from today.  In case any such representation is made by the petitioner within the aforesaid period, the Commandant, 35th Battalion, P.A.C., Lucknow shall consider and decide the same in accordance with law by a speaking and reasoned order within a period of three months from the date a certified copy of this order along with representation is produced before him.

With the aforesaid observations and directions and with the consent of learned counsel for both the parties, the writ petition is disposed of finally.

Order Date :- 11.8.2017

Suresh/

[Vivek Chaudhary, J.]