RAJ KUMAR S/O OF RAM CHANDRA BHARTI Vs. UNION OF INDIA (UOI) THROUGH ITS SECRETARY, MINISTRY OF HUMAN RESOURCES, GOVT. OF INDIA,

JUDGEMENT

(1.) HEARD Sri Kshetresh Chandra Shukla, learned Counsel for the petitioner, Sri P.S. Baghel, learned Counsel for respondent Nos. 2 and 3, Sri Shailendra, learned Counsel for respondent No. 4 and Assistant Solicitor General of India for respondent No. 1.

(2.) THIS petition, which was initially a simple writ petition for a writ of mandamus commanding the Ewing Christian College, Allahabad to offer compassionate appointment to the petitioner, stood converted into a writ petition raising serious legal issues, with regard to the status, Statutory provisions applicable to the Staffs of Ewing Christian College as well as Control exercised by the University of Allahabad over the said institution.

(3.) IT has become necessary for the Court to adjudicate upon the legal issues raised, inasmuch as the right to claim compassionate appointment by a dependent of a deceased employees, vis -a -vis the status of Ewing Christian College, would be dependent upon the Statutory provisions which would be applicable. In absence of such determination the Court cannot examine as to whether there exists any legal provision on the basis whereof the application of the petitioner can be processed.