Shivam Mishra Vs State of U.P. and 3 Others

Court No. - 37

Case :- WRIT - A No. - 3443 of 2022

Petitioner :- Shivam Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,M.N. Singh

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Hon'ble Siddhartha Varma,J.

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Heard learned counsel for the petitioner, Sri Sumit Suri, holding brief of Sri M. N. Singh, learned counsel for respondent no.3 and 4 and learned standing counsel for the State-respondent.

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Petitioner's father, who was working as Class IV employee under the U.P. Public Service Commission, Allahabad, died while in service on 31.08.2020.

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Learned counsel for the petitioner states that it would make little difference if the father of the petitioner died on the date when he retired.

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In this regard learned counsel for the petitioner has relied upon a decision of this Court in the case of Ram Pal vs. U.P. Power Corp. Ltd. reported in 2015 LawSuit (All)2757 .

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Learned standing counsel and learned counsel for the U.P. Public Service Commission, Allahabad stated that petitioner's father had died on the date when he retired, therefore, he could not be given a job under the Dying-in-Harness Rules.

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Having heard learned counsel for the parties, the Court is of the view that if the petitioner's father died on the date when he had retired then it would be considered that he died while he was in service. Under such circumstances the petitioner's application sent by the petitioner to respondent no.3, the Secretary, U.P. Public Service Commission, Prayagraj on 20.01.2022 be

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considered in accordance with law within a period of two months from the date of presentation of a certified copy of this order.

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The writ petition accordingly stands disposed of.

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Order Date :- 12.4.2022 Asha

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Digitally signed by ASHA Date: 2022.04.20 10:45:13 IST Reason: Location: High Court of Judicature at Allahabad

Shivam Mishra v. State of U.P. and 3 Others

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Shivam Mishra v. State of U.P. and 3 Others

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