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2004 Supreme(Jhk) 817

P.K.BALASUBRAMANYAN, N.N.TIWARI
Sushil Kumar Vengra – Appellant
Versus
Union Of India – Respondent


JUDGMENT

P.K. Balasubramanyan, C.J.

1. This writ petition is before us as referred to the Division Bench by a learned single Judge of this Court who felt that some of the decisions rendered by other learned single Judges on the question of compassionate appointments require to be reconsidered in the light of some of the binding decisions of the Supreme Court. In fact, an elaborate order of reference was passed by the same learned Judge in WP (S) No. 6023 of 2002, but we did not answer the question therein because, that case could be disposed of on facts and there was no need to resolve the controversy. But the fact remains that the learned single Judge felt while making the reference to the Division Bench that the decision rendered or the direction issued by two other learned Judges of this Court could not be followed in the light of the legal position emerging from the decisions of the Supreme Court. We have heard counsel in detail at the hearing.

2. The father of the writ petitioner died on 27.7.1997 while he was employed as a Security Guard in Central Coalfields Limited. Compassionate appointment or appointment of dependents of those who died in hathess was at that time, governed b







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