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2004 Supreme(All) 1719

RAKESH TIWARI
Raj Kumar Gupta son of Late Naik Ram Gopal Gupta – Appellant
Versus
Chief of the Army Staff, Deputy Directorate General DSC, General Staff Branch – Respondent


Advocates Appeared:
Aradhana Chauhan, B.N.Singh, H.P.MISHRA,

RAKESH TIWARI, J.

( 1 ) HEARD Counsel for the parties and perused the record.

( 2 ) 6357692-H Late Naik Ram Gopal Gupta father of the petitioner is alleged to have been murdered in a train dacoity on 17. 1. 97 while he was serving in Defence Security Corp (hereinafter referred to as the DSC ). The mother of the petitioner moved an application for providing employment to the petitioner on compassionate ground under the Dying in Harness scheme framed by the Central Government.

( 3 ) THE petitioners application was registered in the office of Head Quarter A. S. C. Centre (South)Banglore being Registration No. UP-33 dated 16. 6. 1998. Pursuant to the registration a letter was sent to the petitioner from the office of HQ ASC Centre (South) Bangalore for completing formalities regarding compassionate appointment under the Dying in Harness Rules.

( 4 ) IT is alleged that despite completing all the formalities no action was taken by the authority, which compelled the petitioner to approach this Court for redressal of his grievance by means of civil Misc. Writ Petition No. 42406 of 2001 (Raj Kumar Gupta v. Chief of the Army Staff, army Head Quarter, D. H. Q. P. O. New Delhi and Ors. ). The a















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