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2017 Supreme(All) 62

B.AMIT STHALEKAR
RAJ KUMARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Jeevan Prakash Sharma and Anil Kumar Singh Baghel for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—Heard Shri Jeevan Prakash Sharma, learned counsel for the petitioner and Shri Mata Prasad, learned Additional Chief Standing Counsel for the respondents.

2. The petitioner is seeking quashing of the order dated 21.9.2016 whereby her claim for appointment on compassionate ground has been rejected on the ground that the petitioner is a citizen of Nepal as per the documents produced by her and therefore not being an Indian citizen is not entitled for Government job in India.

3. The contention of the petitioner in the writ petition is that she was married with Yogendra Prasad Choudhary, as stated in paragraph 4 of the writ petition. Late Yogendra Prasad Choudhary died on 21.2.2013 while still in service. The petitioner applied for compassionate appointment. Her claim has been rejected by the impugned order on the ground that she is a Nepali by citizenship as per the documents produced by her. Learned counsel for the petitioner does not dispute that she is a Nepali and is a citizen of Nepal but contention is that by marrying an Indian she acquired the Indian citizenship. He further submits that under the Dying in Harness Rules, 1974 the only criteri








































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