SANTOSH KUMAR TRIPATHI Vs. CHIEF ENGINEER ADHISTHAN ANUBHAG E4 KH IRRIGATION DEPARTMENT OF U P
LAWS(ALL)-1999-10-137
HIGH COURT OF ALLAHABAD
Decided on October 27,1999

SANTOSH KUMAR TRIPATHI Appellant
VERSUS
CHIEF ENGINEER (ADHISTHAN ANUBHAG) E-4 KH, IRRIGATION DEPARTMENT OF U.P. Respondents

JUDGEMENT

A.K.Yog, J. - (1.) One R. C. Sharma/ R. C. Tripathi was employed as tubewell operator in Sub-Division I, Varanasi. He died on 1st May, 1992. Petitioner (major son of said Sri Tripathi) and who had passed Intermediate U. P. Board Examination in 1985 submitted application for being appointed on compassionate ground under relevant Dying-in-Harness Rules. 1974, true copy of the said application dated 26th July, 1992 is annexed as Annexure-2 to the writ petition. Another application dated 17th March. 1993 was filed as Annexure-3 to the petition.
(2.) Skipping over unnecessary details, it is an admitted fact that petitioner was selected and required to undergo requisite training under relevant service rules vide order dated 13th September, 1995 (Annexure-5 to the writ petition). In the said letter, it was clearly mentioned that petitioner will have to undergo six months' training and on his successful completion, he will have to clear the test adjudged him suitable for working as Seench Parvekshak.
(3.) Petitioner joined training without objection or protest in pursuance to the said letter. Petitioner was required to produce relevant certificate for verification of above facts (See paragraphs 15. 16 and 17 to the writ petition) bul he failed to do so. Before proceeding further it will be pertinent to note that petitioner is guilty of concealing correct facts and guilty of making false averments in para 17 of the writ petition.;


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