BRIJESH KUMAR YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By mean of present writ petition, the petitioner seeks following reliefs, among others:

(2.) Brief facts, as narrated in the writ petition, are that the Kichha Sugar Company Ltd., Kichha, District Udham Singh Nagar is the instrumentality of the State Government and its control and management is under the State Government. It is averred in the writ petition that Yogendra Yadav, father of the petitioner, was appointed as a Seasonal Chemical Majdoor on 01.01.1997 by the competent authority of Kisan Sahkari Chini Mill Ltd., Gadarpur. On 29.09.2015, the Gadarpur Unit of Kisan Sahkari Chini Mill Ltd. was closed and the employees working there were transferred to other Sugar Mills run by the Uttarakhand Sugars. The services of father of the petitioner were transferred to the Kichha Sugar Company Ltd., Kichha (third respondent). It is further averred that father of the petitioner died in harness on 27.10.2017. A death certificate was issued by the Registrar, Birth and Death, Salempur, District Deoria (U.P.) in this regard on 16.11.2017.

(3.) It is averred that on 15.12.2017, brother of petitioner, made an application to the third respondent stating therein that his father Yogendra Yadav died in harness leaving behind the petitioner and elder son Ajay Kumar Yadav, therefore, compassionate appointment may be provided to his younger brother for livelihood of family. Notary affidavit was also filed by brother of the petitioner stating that his father died in harness leaving behind two major sons, therefore, compassionate appointment may be given to his younger brother (petitioner herein) as no other member of the family is in Govt. job and he has no objection if his younger brother is appointed on a suitable post under compassionate appointment. The petitioner also filed an application along with notary affidavit on 15.12.2017 narrating the same facts as stated by his elder brother. It is averred in the writ petition that petitioner is having the eligible qualification of graduation for holding suitable post in third respondent Mill. Petitioner also submitted the medical fitness certificate dated 28.11.2017 issued by the C.M.S, District Hospital, Deoria (U.P.) in this regard with the third respondent.