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Allahabad High Court
Amit Kumar Verma vs State Cane Service Authority … on 4 August, 2010
Court No. - 22

Case :- SERVICE SINGLE No. - 5428 of 2010

Petitioner :- Amit Kumar Verma
Respondent :- State Cane Service Authority Lucknow And Another
Petitioner Counsel :- D.K.Srivastava
Respondent Counsel :- K.S.Pawar

Hon'ble Satyendra Singh Chauhan, J.

Heard learned counsel for the parties.

The present petition has been filed with the prayer that the petitioner may be
given compassionate appointment in place of his mother who was working as
Seasonal Clerk with the opposite parties.

Mother of the petitioner expired on 12.2.2002 and thereafter petitioner moved
an application for compassionate appointment in the year 2003, but the said
application has not been considered only on the ground that the rules have
been notified in regard to giving of compassionate appointment on 3.4.2010
and the mother of the petitioner had expired on 12.2.2002.

The contention of the opposite parties cannot come in the way of the
petitioner’s appointment on account of the fact that the limitation is provided
under the Dying-in-Harness Rules to the extent of five years after the death of
particular incumbent. Father of the petitioner has expired only a few months
prior to the date of promulgation of the notification. Therefore, it cannot be
said that the benefit of the said Rules cannot be extended to the petitioner.

Considering the aforesaid facts, this writ petition is disposed of finally with
the direction that the competent authority will consider and give
compassionate appointment to the petitioner in accordance with Rules by
disposing of the application of the petitioner within a period of two months
from the date a certified copy of this order is produced before him.

Writ petition is disposed of finally.

Order Date :- 4.8.2010

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