Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 594 of 2021 Appellant :- Smt Lalmuni Respondent :- State of U.P. and Another Counsel for Appellant :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Anil Kumar Ojha,J.
(Civil Misc. Exemption Application No. 1 of 2021) Exemption application is allowed.
The appellant is exempted from filing the certified copy of judgment dated 25.03.2021 passed by learned Single Judge.
(Order on appeal) By this appeal, a challenge is made to the judgment dated 25.03.2021 whereby the writ petition preferred by the petitioner was dismissed. The writ petition was preferred to issue a direction to the respondent not to disengage the petitioner's son Bramhanand Upadhyay.
An objection to the maintainability of the writ petition was raised. It is on the ground that the petitioner's son Brahmanand Upadhyay had preferred a Writ Petition No. 65584 of 2006 assailing the order dated 14.09.2006 by which D.M., Mau rejected his claim for grant of compassionate appointment after 16 years of death of Vishwakarma Upadhyay. The writ petition was dismissed on 11.02.2011. An appeal thereupon was also dismissed.
The writ petition preferred by the petitioner i.e. the mother of Brahmanand Upadhyay was dismissed finding that petitioner's husband Mool Chand Updadhyay died during life time of his service. One Vishwakarma Upadhyay, the elder son was given compassionate appointment. Vishwakarma Upadhyay also died in harness on 02.03.1989 leaving his widow Vimla Devi and three children. None of the legal heirs of the deceased Vishwakarma Upadhyay sought compassionate appointment. It is the petitioner i.e. mother of Vishwakarma Upadhyay, who moved an application for compassionate appointment to her another son Brahmanand Upadhyay who was infact given appointment but finding illegality therein, the order for termination was issued after issuing show cause notice.
The learned Single Judge did not find any illegality in the order because against the death of erstwhile employee Mool Chand Upadhyay, the compassionate appointment could not have been sought and given to Brahmanand Upadhyay after the appointment of Vishwakarma Upadhyay (the elder brother). The first appointment exhausted the right of appointment.
In view of the above, we do not find any illegality in the judgment dated 25.03.2021 passed by the learned Single Judge.
Accordingly, the appeal fails and is dismissed.
Order Date :- 24.8.2021 VPS (Anil Kumar Ojha, J.) (Munishwar Nath Bhandari, A.C.J.)