Kumar Sundram vs State Of U.P.Thru.Prin.Secy. ...
2021 Latest Caselaw 4026 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- SERVICE SINGLE No. - 7272 of 2021
 

 
Petitioner :- Kumar Sundram
 
Respondent :- State Of U.P.Thru.Prin.Secy. Food & Civil Supplies & Ors.
 
Counsel for Petitioner :- Satendra Nath Rai
 
Counsel for Respondent :- C.S.C.,Shubhra Kumar
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Satendra Nath Rai, learned counsel for the petitioner.

Notice on behalf of opposite party no.1 has been accepted by the office of learned Chief Standing Counsel. Mrs. Shubhra Kumar, Advocate has accepted notice for opposite parties no.2 & 3.

By means of this petition, the petitioner has assailed the order dated 11.10.2019 whereby the petitioner has been denied the appointment under Dying in harness Rules for the reason that the Corporation in question is running in loss.

Learned counsel for the petitioner has drawn attention of this Court towards Annexure no.7 which is judgment and order dated 10.7.2017 passed by this Court in W.P. No.14900 (S/S) of 2017: Ritesh Mishra Vs. State of U.P. and others, wherein this Court was pleased to set aside the identical order directing the respondents to consider the claim of the petitioner for grant of compassionate appointment in accordance with law with statutory rules of 1974. Therefore, learned counsel for the petitioner has submitted that the instant matter should also be considered in the light of the order dated 10.7.2017 but ignoring the dictum of this Court vide order dated 11.10.2019 the claim of the petitioner has been rejected.

Learned counsel for the opposite parties no.2 & 3 has submitted that the issue in question is identical with the issue of Ritesh Mishra (supra), therefore, the present issue may also be considered in the light of the judgment of this Court dated 10.7.2017 in Ritesh Mishra (supra).

Therefore, this writ petition is disposed of finally at the admission stage, with the consent of the parties counsel directing the Executive Director, U.P. State Employees Welfare Corporation, opposite party no. 2 to pass a fresh order in the case of the petitioner in the light of the judgment and order passed in Service Single No.14900 of 2017: Ritesh Mishra (supra) ignoring the impugned order dated 11.10.2019 which is Annexure no.1 to the writ petition, with expedition, say within a period of 8 weeks from the date of production of certified copy of this order.

Order Date :- 18.3.2021

RBS/-

[Rajesh Singh Chauhan,J.]