Court No. - 40
Case :- SPECIAL APPEAL No. - 1043 of 2018 Appellant :- Sanat Kumar Dixit Respondent :- State Of U.P. And 2 Ors Counsel for Appellant :- R.K. Mishra,Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.,Prakash Padia
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
The petitioner-appellant questions the correctness of the judgment of the learned Single Judge dated 25th September, 2018 passed in Writ - A No.- 20599 of 2018, whereby the claim of the petitioner for compassionate appointment on account of the death of his mother dying-in-harness has been rejected. The ground taken by the learned counsel for the appellant in this appeal is that learned Single Judge has erroneously interpreted the relevant provisions of the Statute of the University while rejecting the claim of the petitioner and holding that the petitioner does not come within the category of a dependant while the father is alive.
We have gone through the records and find that while the mother had died-in-harness, the father of the petitioner who is alive, retired from service with sustainable substantial funds and was getting pension. In the circumstances, therefore, while the father is still alive and is getting pension, the learned Single Judge in our considered opinion has rightly drawn the conclusion that the petitioner cannot be considered to be dependent upon his mother to seek an appointment on compassionate ground.
In view of the above, we, therefore, do not find it a fit case to interfere with the order passed by the learned Single Judge.
The appeal lacks merit and is, accordingly, dismissed.
Order Date :- 30.10.2018 Atmesh