Umesh Kumar Verma vs U.P.Cooperative Sugar Factories ...
2021 Latest Caselaw 10493 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 278 of 2021
 

 
Appellant :- Umesh Kumar Verma
 
Respondent :- U.P.Cooperative Sugar Factories Fed.Lko Thru M.D. & Anr.
 
Counsel for Appellant :- Suresh Chandra Srivastava
 
Counsel for Respondent :- Krishana Kumar Singh
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

1. Heard Mr. S.C. Srivastava, learned counsel for the appellant and Mr.K.K. Singh, learned counsel for opposite party Nos.1 and 2.

2. This intra court appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the judgment and order dated 20.07.2021 passed in Writ Petition No.7976(SS) of 2017: Umesh Kumar Verma vs U.P. Co-Operative Sugar Federation Thru M.D., Lucknow and Anr, whereby the writ petition preferred by the appellant-petitioner has been dismissed on merit.

3. Learned counsel for the appellant submits that in view of the circular dated 12.02.1993, Dependents of Government Servants Dying in Harness Rules, 1974 were adopted and were fully enforced. Learned Single Judge has failed to appreciate that once the said rules have been adopted, they could not have been withdrawn. It is also submitted that the writ petition preferred by the appellant-petitioner was liable to be allowed. However, learned Single Judge has dismissed the writ petition relying on the circular dated 21.05.2020 issued by the Managing Director, whereby by a general order, earlier circulars have been withdrawn. Submission is that when there is no specific order for withdrawal of the circular dated 12.02.1983, the same could not have been treated to be withdrawn.

4. Mr.K.K. Singh, learned counsel appearing for respondent Nos.1 and 2, on the other hand, submits that perusal of the circular dated 21.05.2020 clearly indicates that there is no provision for appointment of dependent of the employees of Sugar Mills who died in harness to be appointed on compassionate ground. The earlier circular dated 12.02.1993 stood withdrawn in view of the circular dated 21.05.2002. Circular dated 21.05.2002 was not under challenge in the writ petition.

5. We have considered the submissions made by learned counsel for the appellant as well as counsel for respondent Nos.1 and 2 and gone through the record. Learned Single Judge has rightly come to the conclusion that in view of the circular dated 21.05.2002, the earlier circular dated 12.02.1993 stood superseded and was not in existence, as such Dependents of Government Servants Dying in Harness Rules, 1974 could not be treated to be applicable to the employees of Cooperative Sugar Mills.

6. We do not find any infirmity in the view taken by learned Single Judge. The special appeal being devoid of merit and substance, is hereby dismissed.

(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.)

Order Date :- 17.8.2021

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