GOVIND BALLABH Vs. STATE OF U P
LAWS(UTN)-2012-12-103
HIGH COURT OF UTTARAKHAND
Decided on December 04,2012

Govind Ballabh Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

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 30.05.2001.
(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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