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2003 Supreme(UK) 16

IRSHAD HUSSAIN, M.M.GHILDIYAL
Naresh Kumar – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Sri A. K. Joshi, Advocate for the petitioner and Rakesh Thapaliyal, Addl. S.C.C.G. for the respondents.

JUDGMENT

M.M. Ghildiyal, J.

By means of this writ petition, the petitioner has challenged the order dated 11.08.1999 passed by the A.D.P.S., office of Post Master General, Bareilly Region, Bareilly, contained in Annexure 2 to the writ petition, rejecting application of the petitioner for compassionate appointment under Dying in Harness Rules.

2. The brief facts of the case are that the father of the petitioner was an employee in the office of respondent no. 4 while, he was in service as Deputy Post Master at General Post Office, Almora, he died on 09.05.1998. After the death of father of the petitioner, Smt. Champa Devi wife of the deceased moved an application on 25.06.1998 for providing appointment to her son Naresh Kumar on compassionate ground under Dying in Harness Rules. The application of the petitioner was rejected vide order dated 11.08.1999 on the grounds that (1) elder son of the deceased is employed; (2) sons are grown up; (3) the family is not living and facing indigent condition and (4) adequate amount of terminal benefit was paid. This order is being challenged in the instant writ petition.

3. Heard Sri A. K. Joshi, learned counsel for the petitioner and Sri Rakesh Tha










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