TARUN AGARWALA, PRAFULLA C.PANT, SUDHANSHU DHULIA
UTTARAKHAND VAN VIKASH NIGAM – Appellant
Versus
SURESH CHANDRA AULI – Respondent
[Per: Hon’ble Sudhanshu Dhulia, J.]
1. Heard Ms. Seema Sah, Advocate for the appellants and Mr. Anil Kumar Joshi, Advocate for the respondent.
2. This Special Appeal has been referred to this Full Bench by an order of the Division Bench of this Court, since it was the opinion of the Division Bench that the view of the learned Single Judge of this Court in Writ Petition (S/S) No. 88 of 2003 is contrary to the view of the Division Bench of Hon’ble Allahabad High Court on the issue as to whether the dependants of a daily wage employee can be given appointment on compassionate grounds under Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, (from hereinafter referred to as the Rules or “Dying in Harness Rules”) and, therefore, according to the Division Bench the matter required reconsideration.
3. The brief facts of the present case are that the petitioner Suresh Chandra Auli (respondent in the present special appeal) filed a writ petition before this Court with the prayer that a direction be issued to the respondent to appoint him on the compassionate ground as his father was a daily wage employee in the Forest Development Corp
5. National Hydroelectric Power Corpn. Vs. Nanak Chand (2004) 12 SCC 487.
2. State of Karnataka v. Umadevi (2006) 4 SCC 1.
4. Director of Education (Secondary) v. Pushpendra Kumar (1998) 5 SCC 192.
6. Umesh Kumar Nagpal v. State of Haryana (1994) 4 SCC 138.
7. Jagdish Prasad v. State of Bihar
10. Sanjay Kumar v. State of Bihar (2000) 7 SCC 192.
9. S. Mohan v. Government of T.N.
11. Punjab National Bank v. Ashwini Kumar Taneja (2004) 7 SCC 265.
12. Ramakrishna Kamat and others v. State of Karnataka (2003) 3 SCC 374.
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