SHIV PRASAD GUPTA S/O LATE HANUMAN PRASAD v. THE UNION OF INDIA THROUGH SECY.POST and TELEGRAPH DEPTT.and ANR
WRIA/2000393/2010 · 2025-03-26
Ajai Kumar Srivastava I, Attau Rahman Masoodi
body2025
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[ 2025 DAILYLAW 125467 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125467 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17355-DB Court No. - 1 Case :- WRIT - A No. - 2000393 of 2010 Petitioner :- Shiv Prasad Gupta S/O Late Hanuman Prasad Respondent :- The Union Of India Through Secy.Post And Telegraph Deptt.And Anr Counsel for Petitioner :- Salik Ram Yadava,Arvind Pratap,Bhoopal Singh,M.M. Srivastava,Sheelu Verma,Udai Pratap Yadav Counsel for Respondent :- A.S.G.,Ajay Kumar Singh,I.H. Farooqui,Krishna Kumar Pandey,Raj Kumar Singh,Savitra Vardhan Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Heard learned counsel for the petitioner and learned counsel appearing for the Union of India. (2) This writ petition is directed against the judgment/order dated 07.10.2009 rendered by the Central Administrative Tribunal, Lucknow in Original Application No.43 of 2008 whereby the Original Application filed by the petitioner seeking appointment under the Dying-in-Harness has been rejected recording detailed reasons. (3) On scrutiny of the impugned judgment/order, particularly paragraph 5, it cannot be said that the Tribunal has taken an erroneous view in the judgment so rendered or the same suffers from any perversity. Once a finding of fact has been recorded to the effect that in the matter of assessment of comparative financial status of the candidates, keeping in view the assets and liability, the candidature of the petitioner could not be classified over and above other candidates who were considered along with him for such appointment. In the light of the guidelines applicable in this behalf, the Tribunal has recorded that the decision making process of the competent authority does not
suffer from any illegality. (4) That being so and in absence of any material or valid
arguments put forth before us, we find ourselves in complete agreement with the judgment passed by the Tribunal and nothing persuade us to take a different view. (5) The writ petition, in the light of what has been observed above, is hereby dismissed. . [Ajai Kumar Srivastava - I, J.] [Attau Rahman Masoodi, J.]
Order Date :- 26.3.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench