GIRISH CHANDRA Vs. STATE OF UTTAR PRADESH
LAWS(UTN)-2013-2-55
HIGH COURT OF UTTARAKHAND
Decided on February 19,2013

GIRISH CHANDRA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

V.K.BIST, J. - (1.) ON 07.10.2010, six weeks time was granted to Smt. Beena Pandey, learned Standing Counsel for the respondents for filing counter affidavit, but no counter affidavit has been filed till date. Today none appeared for the respondents even in the revised call.
(2.) HEARD learned counsel for the petitioner and perused the record.
(3.) ON 29.07.2000 petitioner applied for appointment under the Dying -In -Harness Rules. Petitioner was asked to appear before the C.M.O., Aligarh for medical examination. He appeared before the C.M.O., Aligarh. Thereafter, Sena Nayak, 38th Vahini PAC, Aligarh recommended the case of the petitioner to the Police Maha Nirikshak, PAC Mukhyalaya, U.P., Lucknow. His case for appointment on compassionate ground was rejected only on one ground that his application for appointment was belated. The petitioner filed writ petition no.844 (S/S) of 2003. The said writ petition was disposed of on 05.05.2008 with direction to the respondents to reconsider the matter of the petitioner in the light of the observation made in the writ petition. In its order, the Court held that reason given by the petitioner for delay in applying for compassionate appointment was sufficient. The respondents reconsidered the case of the petitioner and rejected his application vide order dated 24.09.2004. From the perusal of order dated 24.09.2009, it transpires that claim of the petitioner for compassionate appointment has been rejected on the ground of laches. The order passed by this Court on 05.05.2008 in writ petition no.844 (S/S) of 2003 was not challenged by the respondents and same became final. Once it is held by the Court that reason given by the petitioner for delay in applying for compassionate appointment under the Dying -In -Harness Rules was sufficient, the respondents erred in rejecting the claim of the petitioner on the ground of laches. The order passed is illegal. Consequently, the writ petition is allowed. Order dated 24.09.2009 (annexure 5 to the writ petition) is quashed. Concerned authority is directed to decide the matter of the petitioner for compassionate appointment under the Dying -In -Harness Rules afresh, in accordance with the judgment passed by this Court on 05.05.2008, within a period of three months from the date of production of a certified copy of the order.;


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