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2024 Supreme(SC) 711

PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
U. P. State Road Transport Corporation – Appellant
Versus
Brijesh Kumar – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Garima Prashad, Sr. Adv. Mr. Nishit Agrawal, AOR Ms. Kanishka Mittal, Adv. Ms. Upasna Agrawal, Adv. Mr. Shrey Kapoor, Adv.
For the Respondent(s): Mr. Sudhir Kumar Saxena, Sr. Adv. Mr. Aviral Saxena, AOR Mr. Abhinav Sharma, Adv. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Divyanshu Sahay, Adv.

JUDGMENT :

PANKAJ MITHAL, J.

1. Leave granted.

2. Under challenge in this appeal by the Uttar Pradesh State Road Transport Corporation1 In short ‘UPSRTC’] is the order dated 12.09.2018 passed by the Division Bench of the Allahabad High Court in Letters Patent Appeal arising from a writ petition filed by the respondent wherein the learned Single Judge vide judgment and order dated 12.01.2018 allowed the writ petition of the respondent after setting aside the order dated 30.01.2016 terminating the services of the respondent passed by the Assistant Regional Manager, Mathura, UPSRTC.

3. The father of the respondent Bal Krishna was a regular conductor working with the appellant (UPSRTC) who died on 18.10.2003 while in service. At that time, the respondent was a minor. His mother moved an application for his compassionate appointment but in vain. The respondent attained the age of majority i.e. 18 years on 10.07.2008. He acquired the educational qualification of high school and intermediate. His mother, therefore, again moved an application seeking compassionate appointment for him under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 19742[Hereinaf


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