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2019 Supreme(UK) 525

RAMESH RANGANATHAN, ALOK KUMAR VERMA
COMMITTEE OF MANAGEMENT – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Appellant :Mr. Pankaj Purohit and Mr. M.S. Bhandari, Learned Advocates
For the State :Mr. B.S. Parihar, Learned Standing Counsel and Mr. Anil Kumar Joshi, Learned Advocate

JUDGMENT

Ramesh Ranganathan, C.J. (Oral)

Delay Condonation Application No. (CLMA) No. 8270 of 2019

The application, seeking condonation of delay of 25 days in preferring the appeal, is not opposed, and the delay is, therefore, condoned.

2. This appeal is preferred by the Committee of Management (fifth respondent in WPSS No. 3088 of 2018). The fifth respondent in this appeal filed WPSS No. 3088 of 2018 seeking a mandamus commanding the respondents to appoint the petitioner under the provisions of the dying in harness rules; and a mandamus commanding and directing respondent Nos.5 & 6 to send necessary papers for his appointment under the provisions of the dying in harness Rules.

3. Facts, to the limited extent necessary, are that the petitioner's father was working as an Assistant Teacher (L.T. Grade) in the applicant-College when he was found to be suffering from lung cancer. On completion of 20 years of service, he sought voluntary retirement by his letter dated 01.08.2015. The appellant passed resolution dated 15.08.2015 (allegedly in his presence) accepting his request for voluntary retirement. This resolution, passed by the Committee of Management on 15.08.2015, was forwarded to

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