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2013 Supreme(All) 2348

RAJES KUMAR, MANOJ MISRA
UNION OF INDIA – Appellant
Versus
DASHRATH – Respondent


Advocates:
Counsel :
A.K. Gaur for the Petitioners; B.N. Singh, D.P. Singh and S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Sri A.K. Gaur, learned counsel for the petitioners and Sri B.N. Singh, learned counsel for the respondents.

2. The brief facts of the case are that one Nagai, an Ex-skilled Painter (Grade-II) employed with the Railways was declared medically unfit for all category. He moved an application dated 7.11.1984 before the Competent Authority for giving appointment on compassionate ground to the respondent (Dasrath) claiming him to be his son. The Railway Authorities, thereafter, conducted an enquiry and gave compassionate appointment to respondent (Dasrath) on 10.9.1985 on the post of Temporary Khalasi. Subsequently, the respondent was also promoted to the post of Battery Truck Driver Grade-III. It transpires that Nagai also executed a registered Will deed dated 31.3.1991 regarding his property in favour of the respondent (Dashrath). Later, after the death of Nagai, one Smt. Phooleshwari Devi, on 20.12.1996, moved an application to the Railway Authorities stating that the respondent (Dashrath) is not the real son of late Nagai and that he had obtained compassionate appointment in a fraudulent manner. On the aforesaid complaint of Smt. Phooleshwari Devi,













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