Hon'ble Irshad Ali,J.
(Delivered by: Irshad Ali, J.) Heard learned counsel for the parties.
The present special appeal has been filed challenging the judgment and order dated 05.07.2007 passed by learned Single Judge in Writ Petition No. 12112 of 2000 whereby the claim set up by the petitioner/respondent for grant of appointment under Dying in Harness Rules was rejected vide order dated 23rd/24th August, 1994.
On perusal of the material on record, it transpires that the dispute relates to appointment of the petitioner/respondent under Dying in Harness Rules as a sweeper in Banaras Hindu University. The father of the petitioner Ram Sewak was working as sweeper in the Department of Physics. He died while in service. Thus, the petitioner applied for grant of compassionate appointment under Dying in Harness Rules. The University granted him temporary appointment on daily wage basis in the University and after continuance for some time, the petitioner/respondent moved an application for substantive appointment in the University which was rejected vide order dated 23rd/24th August, 1994.
Learned Single Judge after examining the material on record, allowed the writ petition and quashed the order dated 23rd/24th August, 1994 with a direction to the University to consider the case of the petitioner for appointment under Dying in Harness Rules in accordance with law with liberty to the petitioner to make fresh representation supplementing his earlier representation enclosing therewith all material with further direction to the University to pass appropriate order on the petitioner's representation in accordance with law within two months from the date of production of certified copy of the order passed by the Court.
Banaras Hindu University has assailed the judgment and order passed by learned Single Judge on the ground that the learned Single Judge has not recorded any finding that whether the petitioner/respondent was dependent upon his father at the time of his death or not. He further challenged the judgment and order on the ground that the mother of the respondent/petitioner was employed in Nagar Nigam, Varanasi so there was no occasion to grant him compassionate appointment under Dying in Harness Rules. Thus, it was not amenable to the learned Single Judge to issue direction to the appellant/University to consider and pass appropriate order for the appointment of the petitioner under Dying in Harness Rules.
We have considered the submissions made by counsel for the parties.
Learned Single Judge has recorded cogent reasons and has considered the material on record. Thus, the impugned judgment and order does not suffer from any infirmity or illegality. We do not find any reason to interfere with the impugned judgment.
The special appeal lacks merit and is accordingly dismissed.
However, it is made clear that respondent no.2/petitioner is granted liberty to file a fresh representation within two weeks from the date a certified copy of this order is issued with the direction to the University to pass appropriate order as per the directions issued by the learned Single Judge within a period of two months.
Order Date :- 22.2.2018 Madhurima