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2022 Supreme(All) 792

SIDDHARTHA VARMA
Sandeep Kumar Yadav – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Vipin Kumar Singh
For the Respondent: C.S.C.

JUDGMENT :

Siddhartha Varma, J.

The present writ petition is being decided on a pure question of law as to whether would the petitioner's father was to be treated as a Government employee on the date when he died when the regularisation order was passed after his death ?

2. The facts of the case are that the petitioner's father was initially appointed on the post of Seasonal Collection Peon on 1.2.1995 in Tehsil Gyanpur, District Sant Ravidas Nagar (Bhadohi). After having put in substantial number of years of service, he was considered eligible for regularisation as per the U.P. Collection Peons' Service Rules, 2004. A list of peons who were to be regularized was issued on 24.12.2016 in which the petitioner's father was shown at Serial No.9. However, since the petitioner's father was above 45 years of age, outright regularisation was not done but a permission was sought from the State Government for the relaxation of age. The State Government relaxed the age of the petitioner's father and considered him to be a fit case for being regularized on 22.2.2019. However, in between, on 30.11.2017, the petitioner's father died. The petitioner thereafter prayed for an appointment under the U.P

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