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2010 Supreme(All) 3905

A. P. SAHI, F. I. REBELLO
SUBHASH YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
B.D. Pandey for the Appellant; C.S.C. and K.S. Kushwaha for the Respondent.

JUDGMENT

By the Court.—This appeal is directed against the judgment of the learned single Judge dated 22.10.2010 dismissing the writ petition and upholding the order dated 11.3.2010 passed by the State Government in relation to the claim of the petitioner for being appointed under the compassionate appointment Rules.

2. The facts, as disclosed in the writ petition and also entailed in the judgment of the learned single Judge, indicate that the appellant’s father died-in-harness on 8.8.1994 when the petitioner was only 6 years old. The application for compassionate appointment was made after the appellant became a major on 5.12.2005. The State Government refused to accord relaxation vide order dated 29.6.2007 which has been reiterated in the order dated 11.3.2010. Assailing the same, the appellant filed a writ petition giving rise to the present appeal which has been dismissed after relying on several judgments of the Apex Court and in particular the judgment in the case of State of Haryana v. Rani Devi, (1996) 5 SCC 308. The learned single Judge found that no such Rules were available that would allow the benefit of relaxation in moving of an application for compassionate appointmen


























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