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2022 Supreme(All) 1068

NEERAJ TIWARI
Mohini – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prakhar Tandon.
For the Respondents: Shravan Kumar Pandey, Shyam Narain Pandey.

JUDGMENT :

NEERAJ TIWARI, J.

1. Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1, Sri Yashwant Singh, learned counsel for respondent nos. 2 and 3 and Sri S.N. Pandey, learned counsel for respondent no. 4.

2. Present petition has been filed with following prayers:

    “(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 01.12.2021 for compassionate appointment of the petitioner within a month.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to grant compassionate appointment to the petitioner.”

3. Learned counsel for the petitioner submitted that father of petitioner was working on the post of “Safai Karmchari Ward 99/107” at Nagar Nigam, Kanpur and during the course of service, he died. After his death, brother of petitioner (son of deceased-employee) has been granted appointment on compassionate ground under the provisions of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as “Rules 1974”) as “Safai Karmchari” to cater the need of all family members dependent upon deceased-employee

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