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2025 DAILYLAW 30301 (ALL)

CHHOTE v. STATE OF U.P. AND 4 OTHERS

SPLA/174/2025 · 2025-03-20

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41529-DB Court No. - 39 Case :- SPECIAL APPEAL No. - 174 of 2025 Appellant :- Chhote Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Santosh Mani Shukla Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. This special appeal has been filed against the order of a learned Single Judge dated 16.1.2025 by which, the writ petition filed by the petitioner-appellant was dismissed, saying that the petitioner had approached the High Court in the year 2024, after rejection order, rejecting his claim for compassionate appointment, was passed on 15.3.2019. 2. Learned counsel for the appellant has assailed the impugned order, saying that the appellant was not aware of the order dated 15.3.2019 and even after that date, he had always been applying for getting a job under the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (in short 'Rules, 1974'). 3. Learned counsel appearing on behalf of the Nagar Nigam, Agra Sri S M Shukla, has opposed the submission made by learned counsel for the appellant and has stated that there is absolutely no proof of the fact that after the order dated 15.3.2019, any application of the appellant was received in the Office of Nagar Nigam, Agra for providing him a job under the Rules, 1974. He has also pointed out that at the time of death of the petitioner's father, one of his brothers, namely, Deepak, aged about 33 years, was already in employment. 4. Having considered the respective arguments advanced by learned counsel for the parties, we are definitely of the view that after the order dated 15.3.2019, the appellant, instead of simply applying for a job under the Rules, 1974, ought to have approached this Court. Also we are of the view that when there was already an earning member in the bereaved family at the time of the death of the deceased employee, no case for granting compassionate appointment under the Rules, 1974, to another member of the family was made out. 5. Present special appeal is, accordingly, dismissed. Order Date :- 21.3.2025 RKK/- (Dr Y K Srivastava, J) (Siddhartha Varma, J) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad