Ajeet Giri vs State Of U.P. And Another
2022 Latest Caselaw 20117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 766 of 2022
 

 
Appellant :- Ajeet Giri
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Ashok Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the appellant; the learned Standing Counsel for the respondents 1 and 2; and have perused the record.

This intra court appeal is against the judgment and order of the learned Single Judge dated 31.10.2022 by which the writ petition of the appellant seeking quashing of the order dated 05.09.2022 rejecting his claim for compassionate appointment on death of his brother in harness, has been dismissed.

The claim of the appellant has been rejected on the ground that he is married brother of the deceased employee, who died in harness, and in the definition of family, married brother is not included and therefore, the benefit of compassionate appointment would not be available to the appellant.

Learned Single Judge after going through the provisions of the Dying in Harness Rules, 1974 found that the writ petitioner did not fall within the definition of family and therefore, not entitled to set up a claim under the Rules.

As a claim for compassionate appointment must be sustainable under the Rules or the Scheme governing compassionate appointments, the claim of the petitioner which is not sustainable under the Rules or the Scheme has been rightly rejected. Moreover, the petitioner has not questioned any of the provisions of the Scheme. Consequently, we do not find any error in the order passed by the learned Single Judge, the appeal is dismissed.

Order Date :- 6.12.2022

Sunil Kr Tiwari