Allahabad High Court
Ramakant Pandey vs State Of U.P. And 2 Others on 23 November, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - A No. - 18284 of 2022 Petitioner :- Ramakant Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Shri Ved Byas Mishra, learned counsel who appears for the U.P. State Agro Corporation Ltd.
This petition has been filed seeking the following main prayer:-
"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to appoint the petitioner in office of Regional Manager U.P. State Agro Corporation Limited Varanasi, under the Dying Harness Rules-1974 forthwith preferably within stipulated period of time as fixed by this Hon'ble High Court."
It is the case of the petitioner that his father late Ram Manohar Pandey was working with the respondents as a regular employee and he died on 25.08.2017 in Harness. The petitioner moved an application for succession certificate which was granted to him by the competent authority and thereafter moved an application for compassionate appointment under Dying in Harness Rules, 1974 on 31.08.2022 to the respondent no. 2. The respondent no. 2 has not taken any decision on the application of the petitioner. Hence this petition.
Shri Ved Byas Mishra, learned counsel for the respondents on the basis of instructions states that earlier Dying in Harness Rules applicable to State Government employees were made applicable to the U.P. State Agro Industrial Corporation also, but as the Corporation was running in losses and therefore, the Board has passed a Resolution not to make any appointment on compassionate ground. Such Resolution dated 30.03.2000 was passed in pursuance of Government Order dated 22.01.2000. The validity of the Resolution on the Government order has been considered by this Court in several writ petitions and in Special Appeals also by Division Benches and counsel for the respondents has placed reliance upon the order dated 29.07.2011 passed in Writ A No. 39547 of 2021 (Gajendra Singh versus State of U.P. Thru G.M., U.P. State Agro Industrial Corp. & Othrs and order dated 24.09.2014 passed in Writ A No. 51885 of 2014 (Deepak Kumar Yadav versus State of U.P. and 2 Ors.) by passed by Coordinate Benches of this Court.
Shri Ved Byas Mishra, learned counsel for the respondents has also placed reliance upon the Division Benches orders passed by this Court on 09.09.2011 in Special Appeal No. 1737 of 2011 (Jagdish Kumar versus State of U.P. and Other) and order dated 30.01.2017 passed in Special Appeal Defective No. 37 of 2017 (Deepak Kumar Yadav versus State of U.P. and 2 Others).
In view of the law settled by the Coordinate Benches of this Court, this Court finds no good ground to grant relief as prayed for by the petitioner in this petition.
The writ petition stands dismissed.
Order Date :- 23.11.2022 SY