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2024 Supreme(All) 530

ABDUL MOIN
Kavita Tiwari – Appellant
Versus
State Of U. P Thru. Prin. Secy. Deptt. Of Irrigation And Water Resources Govt. Of U. P. Lko – Respondent


Advocates Appeared:
For the Petitioner: Tushar Verma, Prashant Kumar Singh

JUDGMENT :

1. Heard learned counsel for the petitioner as well as learned Standing counsel for the respondents.

2. The instant petition has been filed challenging the order dated 25.10.2021 passed by the respondent No.3, a copy of which is annexure 1 to the petition, whereby the claim of the petitioner for compassionate appointment has been rejected. Further prayer is for a mandamus commanding the respondents to grant compassionate appointment to the petitioner under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.

3. Bereft of unnecessary details, the case set forth by the learned counsel for the petitioner is that the petitioner's father namely Shri Om Prakash Tiwari, while working on the post of Driver in the office of Executive Engineer, Sinchai Khand, Lucknow, died in harness on 18.05.2019 leaving behind his widow namely Smt. Uma Tiwari, a married son namely Rahul Tiwari and two married daughters namely the petitioner and Smt. Pratibha Tiwari.

4. The petitioner staked her claim for compassionate appointment under the provisions of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as Ru

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