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2024 Supreme(All) 823

J. J. MUNIR
Sandeep Kumar Pathak – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Akhilesh Chandra Srivastava, Sr. Adv.

JUDGMENT :

(J.J. Munir, J.) :

1. This writ petition is directed against an order of the Cane Commissioner, U.P., Lucknow dated 16.06.2023, dismissing the petitioner, a Junior Clerk from service after disciplinary proceedings. Also impugned is an appellate order of the State Government dated 18.09.2023 affirming the Disciplinary Authority.

2. The facts, giving rise to this writ petition, are that the petitioner’s father Bhanu Dutt Pathak was employed as a Cane Supervisor with the Sugarcane Department of the State. He died in harness. The petitioner applied for compassionate appointment, and after consideration of his candidature, was appointed a Junior Clerk by the Deputy Cane Commissioner, Eastern Region, Gorakhpur, vide his order of the 13th March, 2008. The petitioner joined service immediately and has been rendering it, as he says, steadfastly. The petitioner also asserts that his work and conduct has been satisfactory and no occasion arose for anyone to complain against, either his work or conduct.

3. On 09.01.2022, the Chief Development Officer, Basti issued a communication to the Heads of different departments of the District for sparing two Clerks/Computer Assistant on 10.01.2

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