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2017 Supreme(All) 864

YASHWANT VARMA
UMESH KUMAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ranjeet Singh for the Petitioner; C.S.C., Adarsh Bhushan, U.S. Singh Visen and Vinod Kumar Singh for the Respondents.

JUDGMENT

Hon’ble Yashwant Varma, J.—Heard Sri Ranjeet Singh, learned counsel for the petitioner and Sri U.S. Singh Visen who has appeared for the respondent Nos. 2, 3 & 4.

2. On 17 July 2017 when the writ petition was taken up, the following orders came to be passed by the Court :

“This petition has sought a direction for treating the appointment of the petitioner on the post of Conductor as a substantive appointment and for the release of all consequential benefits.

From a perusal of the record it appears that although the father of the petitioner had died in 2001, the petitioner was engaged on contract basis as a Conductor in 2010. This contractual engagement raises certain issues which would warrant the filing of a further affidavit by the Corporation before this writ petition is disposed of finally.

Learned counsel appearing for the Corporation does not dispute the fact that the Uttar Pradesh Recruitment of Dependents of Government Servants (Dying-in-Harness) Rules 1974 applies. It is settled law that an appointment on compassionate basis is of a permanent character subject to the fulfillment of other formalities including undergoing the period of probation if any. The 1974 Rule



















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