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SURYA PRAKASH KESARWANI, JAYANT BANERJI
Kusumlata – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Arvind Srivastava, learned counsel for the appellant-petitioner and Sri Girish Vishwakarma, learned standing counsel for the State-respondents.
2. This special appeal has been filed praying to set aside the judgment and order dated 29.11.2021 in Writ-C No.21935 of 2021 (Smt. Kusumlata vs. State of U.P. and 2 others) passed by the learned Single Judge.
3. The aforesaid writ petition was filed by the petitioner praying for the following relief :
(ii) Issue a writ, order or direction in nature of Mandamus directing the respondent no.2 to appoint the petitioner as dealer in place of her father at Newadi Khurd, Nyay Panchayat-Aheripur, Block-Maheva, Pargana- Bharthana, District Etawah under the dying in harness rule prescribed under U.P. Essential Commodities Act (Rules and Distribution
The court emphasized the importance of fulfilling the essential conditions for appointment as per the relevant government orders and upheld the non-discriminatory nature of the definition of 'family'....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
The definition of 'family' for compassionate appointment under the Government Order does not include grandsons, and the government's policy in this regard is reasonable and lawful.
Point of law : The definition of 'family' includes wife or husband; sons; unmarried and widowed daughters; and if the deceased was an unmarried government servant, the brother, unmarried sister and w....
(1) Fair Price Shop Dealership – Exclusion of a married daughter from definition of “family” cannot be sustained – Marital status cannot constitute a valid ground for denying benefit of a welfare mea....
The main legal point established in the judgment is that the definition of 'family members' in the Control Order, 2013 should be inclusive of the dependents of bachelors/spinsters, especially sibling....
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