ASHOK KUMAR Vs. DISTRICT MAGISTRATE BASTI
LAWS(SC)-2012-2-67
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on February 07,2012

ASHOK KUMAR Appellant
VERSUS
DISTRICT MAGISTRATE, BASTI Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals are directed against the judgment and order passed by the High Court of Judicature at Allahabad dated 12.2.2007 in C.M. Delay Condonation Application No.33025 of 2007 in Special Appeal No.123 of 2007 and order dated 12.2.2007 passed in Special Appeal No.123 of 2007. By the impugned judgment, the High Court has affirmed the view taken by the learned Single Judge in his order dated 14.07.2005, wherein he dismissed the Writ Petition filed by the appellant.
(3.) The facts, in nutshell, are : The appellant, before us, is the elder son of the deceased employee, who died in harness, according to the appellant. Immediately, thereafter the appellant had filed an application dated 16.06.2001 before the District Magistrate, Basti for his appointment on compassionate grounds. The request so made was not considered by the said authority, in spite of long lapse of time. This prompted the appellant to approach the High Court for a Writ in the nature of Mandamus. The High Court, vide order dated 09.11.2001, taking into consideration that the authority, who was supposed to exercise its jurisdiction, had not done within a reasonable time and had directed the District Magistrate to consider the representation filed by the appellant within a period of three months. ;


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