Court No. - 38 Case :- WRIT - A No. - 768 of 2010 Petitioner :- Mohd. Shabi Respondent :- State Of U.P. & Another Petitioner Counsel :- R.D. Singh Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and the learned
standing counsel.
A report has been submitted by the Additional District
Magistrate (Administration) on 1st April, 2009, a copy
whereof is annexure 2 to the writ petition, ignoring the
names of the heirs of late Mohammad Nabi.
Learned counsel for the petitioner contends that the
petitioner being the son was entitled for being appointed on
compassionate basis.
From a perusal of the report of the Additional District
Magistrate (Administration), it is apparent that there are
other heirs as well.
The question as to which of the heirs can be appointed is
within the realm of discretion of the appointing authority.
Accordingly, the writ petition is disposed of with a direction to
the respondent no. 2 to examine the claim of the petitioner
as well as the other heirs of late Mohammad Nabi and
thereafter proceed to pass an appropriate order within a
period of three months from the date of presentation of a
certified copy of this order before him.
Order Date :- 11.1.2010
Akv