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2015 Supreme(All) 211

MAHESH CHANDRA TRIPATHI
ANURAG AWASTHI – Appellant
Versus
EXECUTIVE DIRECTOR (PERSONNEL), LIFE INSURANCE CORPORATION OF INDIA, MUMBAI – Respondent


Advocates:
Counsel :
R.K. Ojha and Arun Kumar Tiwari for the Petitioner; Manish Goyal and S.C. for the Respondents.

JUDGMENT

Hon’ble Mahesh Chandra Tripathi, J.—Heard Shri R.K. Ojha, learned Senior Advocate assisted by Shri Arun Kumar Tiwari for the petitioner and Shri Manish Goyal, learned counsel for the respondents.

2. By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 13.2.2013 passed by the Executive Director (Personnel), Life Insurance Corporation of India (hereinafter in short called as Corporation). He has further prayed for direction in the nature of mandamus commanding the respondents to appoint him on compassionate ground under Dying in Harness Rules applicable to the Corporation.

3. The facts necessary for adjudication of the present writ petition are that late Pooran Chandra Awasthi-the father of the petitioner was working as Administrative Officer (S.R. No. 209395) at E.D.M.S. Department of the Corporation. He died in harness on 10.7.2011 leaving behind Smt. Nirmala Awasthi-the widow, one son namely Anurag Awasthi (the petitioner) and two daughters namely Amita Dubey and Archana Pandey, who are married and are residing with their family in U.S.A. The mother of the petitioner moved an application on 23.9.2011 before the Senior Divisiona














































































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