GIRISH CHANDRA Vs. STATE OF UTTAR PRADESH
HIGH COURT OF UTTARAKHAND
STATE OF UTTAR PRADESH
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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
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
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