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2007 Supreme(All) 2725

SUDHIR AGARWAL
MAHENDRA PRATAP SHARMA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Bhoopendra Nath Singh for the Petitioner; J.K. Khanna for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Aggrieved by the order dated 18.9.2002 passed by respondent No. 2, Director, Panchayat Raj, U.P., Lucknow, rejecting claim of the petitioner for compassionate appointment under U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules 1974 (hereinafter referred to as “1974 Rules”), the petitioner has approached this Court by filing the present writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the aforesaid order and has also sought a writ of mandamus commanding the respondents to grant exemption to the petitioner from moving application after lapse of 5 years and to consider him for compassionate appointment against a class III post keeping in view his educational qualification.

2. Petitioner’s father late Ram Kishore Sharma was working as Village Panchayat Officer and died in harness on 2.8.1989. It appears that petitioner’s mother Smt. Satyawati Devi was sought to be given benefit of 1974 Rules by the respondents but she sent a letter dated 9.3.1992 stating that due to her mental condition she was not able to serve the department and since both of her sons were minor, till




































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