BABU RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms.Prashansha Singh, learned Advocate holding brief of Mr.S.K.Upadhyay, learned counsel for the petitioner as well as learned Standing Counsel.

(2.) The petitioner has challenged the order dated 25th of January, 2002, passed by the Executive Engineer, Construction Division No.3, Public Works Department, Sultanpur.

(3.) The petitioner, on the demise of his grand-father, namely, Ram Dularey, who died while in service on the post of Mate on 19.8.2001, claimed compassionate appointment under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974( in short 'Rules). On the demise of his grand father, his father Lahuri moved an application before the authority concerned to extend the compassionate appointment in favour of the petitioner, who is his son as he is a permanent physically handicapped person. Thus, since the deceased's son Lahuri is not capable to discharge the duty and the deceased was only the bread earner of the family, he consented to extend the compassionate appointment in favour of the petitioner, being grand-son of the deceased. It is further stated that the deceased's son and grandson (petitioner) all were dependent for their livelihood upon the source of income of the deceased.