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2010 Supreme(All) 2236

R.K.AGRAWAL, ABHINAVA UPADHYA
SUSHIL KUMAR PANDEY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Jitendra Bahadur Singh, Bhupendra Nath Singh for the Petitioner; C.S.C. for the Respondent.

JUDGMENT

Hon’ble Abhinava Upadhya, J.—Special Appeal No. 1470 of 2007(Sushil Kumar Pandey v. State of U.P. and others) and Special Appeal No. 1557 of 2007(Smt. Saroja Pandey v. The State Of U.P. and others) which are before us for consideration, have been filed challenging the common judgment of the learned Single Judge by which Civil Misc.Writ Petition Nos. 28050 of 2006 and 29029 of 2004 were decided together and both the writ petitions filed by the appellants were dismissed.

2. The appellants are son and mother respectively.

3. The brief facts giving rise to these appeals are that the appellant of Special Appeal No. 1470 of 2007 Sushil Kumar Pandey was appointed on compassionate ground on assuming the civil death of his father, namely, Jyoti Bhushan Pandey, who was working in temporary capacity as Seechpal in the Irrigation Department and was reported not to have been seen or heard of from 1.8.1981. The said appointment was granted to the appellant Sushil Kumar Pandey upon his attaining the age of majority on 30.11.1994. On 22.12.2004 the appellant was served with a show cause notice that why his services should not be terminated as per the terms of appointment letter on the grou





























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