A single-judge order where the petitioner, seeking a pension on compassionate grounds due to an alleged civil death of a relative, abandoned the pending writ petition during the hearing, resulting in its dismissal.
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Court No. - 28
Case :- WRIT - A No. - 44060 of 2009
Petitioner :- Nanak Singh Respondent :- State Of U.P. & Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Shubranshu Shekhar Singh, learned Additional Chief Standing Counsel submits that the application for compassionate ground has been claimed on the foot of civil death of a person who allegedly disappeared. It is submitted that the civil death can only be declared by Court of law. No such declaration is in the record. Further, he brings other documents in the record to show that the person, who allegedly disappeared, was in fact dismissed from service. Learned Additional Chief Standing Counsel also called attention to the order dated 14.03.2009 whereby the petitioner was dismissed from service for absence from duty. The charge of absence from duty was returned after a regular departmental proceedings.
Faced with this submission, Sri I. P. Yadav, learned counsel holding brief of Sri Mithilesh Kumar Tiwari, learned counsel for the petitioner submits that the petitioner does not wish to prosecute the writ petition.
The writ petition is dismissed.
Order Date :- 18.9.2018 Dhananjai
1 provisions across 1 enactments
Nanak Singh
State Of U.P.
Ajay Bhanot
As recorded by the court registry
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