Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3042 of 2018 Applicant :- Sanjeev Kumar Opposite Party :- Sri Hemant Yadav, Chief Executive Officer Counsel for Applicant :- Mukesh Kumar
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
A claim for compassionate appointment made by the applicant was rejected by the Chief Executive Officer of the Cantonment Board, Fatehgarh in terms of an order dated 19 May 2016. The order itself came to be passed with the C.E.O. noticing that at the time of the death of the father of the applicant, his mother was in the employment of the Cantonment Board. Although a challenge to the said order failed, the learned Judge while disposing of the writ petition granted liberty to the applicant to make a fresh representation for compassionate appointment.
Learned counsel does not dispute that the mother has retired from the Cantonment Board. This is therefore evidently not a case where a death has occurred during the course of employment. Consequently, the provisions of the relevant rules for compassionate appointment can have no application. The claim on the basis of the death of the father would also not merit further scrutiny since the death occurred decades back and such an exercise would also fall foul of the dictum laid down by the Full Bench in Shiv Kumar Dubey Vs. State of U.P. And Others; (2014) 2 ADJ 312.
The petition is dismissed.
Order Date :- 29.5.2018 Arun K. Singh