Court No. - 38 Case :- WRIT - A No. - 42603 of 2010 Petitioner :- Ovindra Kumar Respondent :- Union Of India And Others Petitioner Counsel :- H. N. Pandey Respondent Counsel :- A. S. G. I. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner, Sri Mansoor Ahmad,
learned counsel appearing for the respondents and learned
Standing Counsel.
The father of the petitioner, who was a constable in C.R.P.F. died
in harness. At the time when the father of the petitioner died, the
petitioner was minor. When he became major, he filed an
application for appointment under the Dying-in-Harness Rules.
The application of the petitioner was processed and by an order
dated 31.01.2008 the claim of the petitioner was considered for the
post of constable mentioning therein that in case he is found unfit
for the post applied, his suitability be assessed for the lower post
subject to the willingness. Learned counsel for the petitioner
submits that in spite of the aforesaid offer in the month of January,
2008, the claim of the petitioner has not been considered and has
not been given appointment hence the present writ petition.
I have considered the submission of the petitioner and perused the
record. Though the father of the petitioner died in the year 1990.
Petitioner has made an application in 2006 but the claim of the
petitioner has been processed and his claim is under consideration.
In such circumstances, in my opinion, this writ petition can be
disposed of directing the respondents No. 2 to consider the claim
of the petitioner and take an appropriate decision according to law
regarding the claim of the petitioner for appointment under the
Dying-in-Harness Rules within a period of three months from the
date of production of a certified copy of this order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 23.7.2010
Sazia