Court No. - 38 Case :- WRIT - A No. - 38591 of 2010 Petitioner :- Dalpat Respondent :- State Of U.P. And Others Petitioner Counsel :- Swarn Kumar Srivastava Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Father of the petitioner, who was an employee of the respondent, died in
harness in 1993. Petitioner was minor at that time. In 1999, petitioner was
engaged as a daily wager and was permitted to work up to 2003. After 2003,
petitioner has not been engaged either on daily wages or in any other capacity.
Now, it appears that on the basis of some information, petitioner wanted to be
accommodated in lieu of death of his father under the Dying In Harness
Rules. According to the petitioner, when he came to know regarding certain
benefits from the newspaper, then he made an application for appointment
under the Dying in Harness Rules. About 17 years have been passed,
therefore, now no relief can be granted to the petitioner on that ground.
Further, as regards giving employment as a daily wager, admittedly, the
petitioner has not been engaged after 2003 and the ground taken by the
petitioner that he was submitting representation after representation cannot be
accepted in view of the fact that admittedly after 2003, petitioner has not
worked and he has not approached any court of law regarding his engagement
or disengagement.
Therefore, in my opinion, no relief can be granted to the petitioner. The writ
petition is devoid of merits and is hereby dismissed.
No order as to costs.
Order Date :- 6.7.2010
NS