GOVIND BALLABH Vs. STATE OF U P
HIGH COURT OF UTTARAKHAND
STATE OF U P
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KALYAN JYOTI SENGUPTA, J. -
(1.) BY this writ petition, the petitioner has challenged the order dated 17.10.2002 by which the respondents have refused to entertain the
application for appointment on compassionate ground.
(2.) THE petitioners case is that the petitioners father died in harness when he was posted as Nike in 9th Battalion P.A.C., Moradabad.
Therefore, the application was made under the U.P. Recruitment of
Dependent of Government Servants Dying -in -Harness Rules, 1974. The
application was rejected on the ground, firstly, the family is getting
Family Pension and secondly, the petitioners father died on account of
illness. In a case of this nature, the appointment on compassionate
ground is not permissible by virtue of the Administrative order dated
(3.) NONE appears for the respondents. Learned counsel for the petitioners says that the aforesaid Administrative order relied on by the
respondents is contrary to the above rules.
I am of the view that this point has not been taken in the petition. The Administrative order may be issued rightly or wrongly, but
specific challenge has to be made. He says that the Administrative
Authority has no power to issue such order. In the context of the
aforesaid submission, I have checked up the Rules of 1974. Rules 10 of
the U.P. Recruitment of Dependent of Government Servants Dying -in -Harness
Rules, 1974 provides as follows: -
"10. Power to remove difficulties - The State Government may, for the purpose (of removing any difficulty of the existence of which it shall be the sole judge) in the implementation of any provision of these rules, make any general or special order as it may consider necessary or expedient in the interest of fair dealing or in the public interest."
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