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2021 Supreme(All) 285

RAMESH SINHA, CHANDRA DHARI SINGH, MANISH MATHUR
Km. Kalyani Mehrotra – Appellant
Versus
State Of U. P. Thru Prin. Secy. Rural Development Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vijay Kumar Srivastava, Upendra Nath Mishra
For the Respondent: C.S.C.,Sultan Akhtar

JUDGMENT :

1. This Full Bench has been constituted upon orders of Hon’ble the Chief Justice pursuant to order dated 28.08.2017 passed by learned Single Judge in Writ Petition No.14930(S/S) of 2017 whereby the following two questions have been referred to this Bench:-

    (i) Whether in view of the provisions of Government Order dated 17.3.1994, particularly clause 9 thereof, the provisions of the Rules of 1974 would be application upon the employees of DRDA?

(ii) Whether the judgment of Division Bench in State of U.P. vs. Ajeet Kumar Shahi, Special Appeal No.714 of 2015, requires reconsideration in light of the Government Orders dated 17.3.1994 and 18.7.2016?

2. The writ petitioner had challenged an order dated 22.05.2017 whereby claim for grant of compassionate appointment under the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 (hereinafter referred to as 1974 Rules') was rejected on the ground that the same are inapplicable in the case of employees, such as mother of the writ petitioner, who was employed in the District Rural Development Agency (hereinafter referred to as DRDA) since the same is a Society registered under the Societies Registration Ac

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