SIDDHU MISHRA Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2018-8-171
HIGH COURT OF ALLAHABAD
Decided on August 28,2018

Siddhu Mishra Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) This appeal is barred by limitation from 18 days. Ignoring the same we have considered the merits of the case.
(2.) This appeal is before us to examine the correctness of the judgment dated 6.7.2018 passed in Writ-A No. 14446 of 2018. By the judgment impugned learned single Bench rejected the claim of the appellant petitioner to have appointment on compassionate ground.
(3.) The factual matrix necessary to be noticed for adjudication of the instant appeal is that Late Dhirendra Prasad Mishra, father of the appellant petitioner, died on 21.4.1995 while in service of the Kanpur Electricity Supply Company Ltd. At the time of death of Sri Dhirendra Prasad Mishra the appellant petitioner was a minor. On attaining majority he submitted an application to have appointment on compassionate ground as per Rule 5 of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 [as adopted by the respondent electricity company]. The claim of the appellant petitioner was rejected by the employer on the count that there was no undue hardship warranting relaxation in the time limit prescribed under the Rules. Suffice to mention as per Rules of 1974 the time limit prescribes to submit application to have appointment on compassionate ground is of 5 years. Being aggrieved by the same the appellant petitioner has preferred a petition for writ that came to be dismissed under the judgment impugned.;


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