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2018 Supreme(All) 327

VIVEK CHAUDHARY
SHIVANSHU MISRA – Appellant
Versus
STATE OF Uttar Pradesh – Respondent


Advocates:
Counsel :
Mahendra Pratap Singh and Sanjay Singh for the Petitioner; C.S.C., A.M. Tripathi, Amarendra Kumar Bajpai, Arjun Singh Somvanshi and Shree Prakash Singh for the Respondents.

JUDGMENT

Hon’ble Vivek Chaudhary, J.—These are two writ petitions, one filed by Sri Shivanshu Misra and other, by Sri Dheeraj Mishra. Sri Shivanshu Misra has filed writ petition challenging the order dated 14.8.2015 and 14.9.2015 whereby his appointment made under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short Dying-in-Harness Rules) has been set aside by the O.P. No. 2, Director, Panchayat Raj, U.P., Lucknow and his representation is also rejected by the O.P. No. 2.

Writ Petition No. 1684 (S/S) of 2015 is filed by Sri Dhiraj Mishra for considering his representation for appointment under the Dying-in-Harness Rules and also for quashing the order of appointment under Dying in Harness Rules earlier issued in favour of Sri Suivanshu Misra.

2. Facts of the case are that late Sri Chhatrapal Mishra was working as permanent Panchayat Inspector (Udyog) in Panchayat Raj department. He died in harness leaving behind following legal heirs :

1. Smt. Shanti Dev aged about 44 years (wife)

2. Dhiraj Mishra, aged about 30 years (son)

3. Vinod Mishra, aged about 28 years (son)

4. Punit Kumar Mishra, aged about 28 years (son)

3. Sri Dhiraj














































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