RAJODEVI Vs. STATE OF U P
LAWS(ALL)-2003-8-8
HIGH COURT OF ALLAHABAD
Decided on August 11,2003

RAJODEVI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Referred Judgements :-

FOREST RANGE OFFICER V. P.MOHD. ALI [REFERRED TO]
STATE OF M.P. V. RAMESH KUMAR SHARMA [REFERRED TO]
PEPSU ROAD TRANSPORT CORPORATION V. SATINDER KUMAR [REFERRED TO]
STATE OF HARYANA V. DHAN SINGH [REFERRED TO]
STATE OF HARYANA V. HAWA SINGH [REFERRED TO]
STATE OF HARYANA V. SURJEET SINGH [REFERRED TO]
DURGA OIL COMPANY AND ANR. V. STATE OF U.P. AND ORS. [REFERRED TO]
REGIONAL MANAGER,A.P.S.R.TC NELLORE V. C.M.PAWANA KUMARI [REFERRED TO]
DIVISIONAL MANAGER,A.P.S.R.TC V. K.RADHA KRISHNA [REFERRED TO]
CHAIRMAN,BIHAR RAJYA VIDYUT BOARD V. CHHATHU RAM [REFERRED TO]
GENERAL SECRETARY,AMERICAN EXPRESS BANK UNION V. AMERICAN EXPRESS BANK LTD. [REFERRED TO]
STATE OF U.P. V. PARAS NATH [REFERRED TO]
THOMAS CHANDY V. RAJASTHAN FINANCIAL CORPORATION [REFERRED TO]
REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION TRICHUR VS. RAMANUJA MATCH INDUSTRIES [REFERRED TO]
S P JAIN VS. KRISHNA MOHAN GUPTA [REFERRED TO]
SUSHMA GOSAIN VS. UNION OF INDIA [REFERRED TO]
SUSHMA GOSAIN VS. UNION OF INDIA [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER BOMBAY VS. INDIAN OIL CORPORATION LIMITED [REFERRED TO]
PHOOLWATI VS. UNION OF INDIA [REFERRED TO]
ANAND BIHARI VS. RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPUR [REFERRED TO]
ADMINISTRATOR MUNICIPAL CORPORATION BILASPUR VS. DATTATRAYA DAHANKAR ADVOCATE [REFERRED TO]
STATE OF HARYANA VS. PIARA SINGH [REFERRED TO]
STATE OF RAJASTHAN VS. CHANDRA NARAIN VERMA [REFERRED TO]
AUDITOR GENERAL OF INDIA VS. G ANANTA RAJESWARA RAO [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ASHA RAMCHHANDRA AMBEKAR MRS [REFERRED TO]
UMESH KUMAR NAGPAL ANIL MALIK VS. STATE OF HARYANA [REFERRED TO]
STATE OF HARYANA VS. NARESH KUMAR BALI [REFERRED TO]
STATE OF RAJASTHAN VS. UMRAO SINGH [REFERRED TO]
STATE OF MANIPUR VS. A ONGBI MEMCHA DEVI [REFERRED TO]
JETHI DEVI VS. BHAKRABEAS MANAGEMENT BOARD [REFERRED TO]
UNION OF INDIA VS. BHAGWAN SINGH [REFERRED TO]
PURI MUNICIPAL COUNCIL VS. INDIAN TOBACCO COMPANY LIMITED [REFERRED TO]
STATE LEVEL COMMITTEE VS. MORGARDSHAMMAR INDIA LIMITED [REFERRED TO]
JAGDISH PRASAD VS. STATE OF BIHAR [REFERRED TO]
HARYANA STATE ELECTRICITY BOARD VS. NARESH TANWAR [REFERRED TO]
STATE OF BIHAR VS. SAMSUZZOHA [REFERRED TO]
BIBI SAYEEDA VS. STATE OF BIHAR [REFERRED TO]
HIMACHAL ROAD TRANSPORT CORPORATION HIMACHAL ROAD TRANSPORT CORPORATION VS. DINESH KUMAR:PARVEEN KUMARI MS [REFERRED TO]
STATE OF MANIPUR VS. THINGUJAM BROJEN MEETEI:L ONGBI SANYAIMA DEVI [REFERRED TO]
PRABHAT KUMAR SHARMA VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF HARYANA VS. RANI DEVI [REFERRED TO]
HINDUSTAN AERONAUTICS LIMITED VS. A RADHIKA THIRUMALAI [REFERRED TO]
SATNAM SINGH S K SINGAL VS. PUNJAB AND HARYANA HIGH COURT:HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH [REFERRED TO]
DHALLA RAM VS. UNION OF INDIA [REFERRED TO]
COCHIN DOCK LABOUR BOARD VS. LEENAMMA SAMUEL [REFERRED TO]
S MOHAN VS. GOVERNMENT OF T N [REFERRED TO]
COLOUR CHEM LIMITED VS. A L ALASPURKAR [REFERRED TO]
DIRECTOR OF EDUCATION SECONDARY VS. PUSHPENDRA KUMAR [REFERRED TO]
U P S R T C VS. PUKHRAJ SINGH [REFERRED TO]
ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION VS. K POCHAIAH [REFERRED TO]
EMPLOYEES STATE INSURANCE CORPORATION VS. M M SURI AND ASSOCIATES PRIVATE LIMITED [REFERRED TO]
DAILY PARTAP VS. REGIONAL PROVIDENT FUND COMMISSIONER PUNJAB HARYANA HIMACHAL PRADESH AND UNION TERRITORY CHANDIGARH [REFERRED TO]
DINKAR ANNA PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
VAIJANATH VS. GURAMMA [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. MAHARASHTRA GENERAL KAMGAR UNION [REFERRED TO]
WEST BENGAL STATE ELECTRICITY BOARD VS. SAMIR K SARKAR [REFERRED TO]
BALBIR KAUR VS. STEEL AUTHORITY OF INDIA LIMITED [REFERRED TO]
SANJAY KUMAR VS. STATE OF BIHAR [REFERRED TO]
SAIL VS. AWADHESH SINGH [REFERRED TO]
SURYA KANT KADAM VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF HARYANA VS. VIPIN KUMAR [REFERRED TO]
HARYANA STATE ELECTRICITY BOARD VS. KRISHNA DEVI [REFERRED TO]
PUSHPENDRA SINGH VS. REGIONAL MANAGER U P S R T C ALIGARH [REFERRED TO]
SHAKUNTAL DEVI VS. STATE OF HARYANA [REFERRED TO]


JUDGEMENT

R.B.Misra, J. - (1.)Heard Sri Ashwani Kumar Misra, learned counsel for the petitioner and Sri Sandeep Mukherjee learned standing counsel for the State.
(2.)In this petition the prayer has been made for quashing the order dated 21/24.7.1999 (Annexure-8) passed by the respondents rejecting the claim of the petitioner for appointment on compassionate ground under U.P. Recruitment of Dependants of Government Servant, Dying in Harness Rules, 1974 (in short called the 'Rules 1974' hereinafter), with further prayer commanding the respondents to provide suitable employment to the petitioner No. 2 under the 'Rules 1974'.
(3.)The brief facts necessary for adjudication of the present petition are that the husband of petitioner No. 1 and father of the petitioner No. 2 late Prem Pal Singh, died on 15.3.1992, leaving behind his wife, i.e., petitioner No. 1 his two sons (elder son being petitioner No. 2) and two minor daughters. One of the daughter died few years back as the petitioner could not arrange required medical facilities for her. The application for grant of compassionate appointment was moved on 15.10.1996 for the compassionate appointment of petitioner No. 2, followed by the reminder letter dated 10.1.1997 and 7.2.1998. On 7.2.1998 the case of the petitioner was recommended for which medical examination was to be done by the Chief Medical Officer, Bijnor (Annexure-4 to the writ petition). However, the department in the counter-affidavit has indicated that the date of filing of the first application for compassionate appointment is 7.2.1998 and that no application was filed prior to the said date. The department has rejected the claim of the petitioner oh 21/24.7.1999 primarily on the ground that it was beyond the period of limitation prescribed under the 'Rules, 1974' and such rejection, was challenged by the instant writ petition.


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