Yadunath Ramakant Yadav v. State of U.P. and 3 Others

Court No. - 34 Case :- WRIT - A No. - 17497 of 2023 Petitioner :- Yadunath Ramakant Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1Heard learned counsel for the parties.

¶2By means of this petition, the petitioner is seeking a direction to the respondent-authorities to consider his application for compassionate appointment on account of his unmarried brother dying in-harness on 06.10.2019.

¶3It is submitted that the petitioner though has moved application seeking compassionate on 3rd March, 2023 but the same has remained undisposed of.

¶4Per contra, it is argued by learned Standing Counsel that the petitioner being a married brother of the deceased-employee, would not fall within the definition of family of the dependent of the deceased-employee under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (For short ' the Rules, 1974') as per the last amendment made in the year 2021, which incorporates within the family, unmarried brother and not the married brother.

¶5On pointed query being made, learned counsel for the petitioner has fairly admitted that the petitioner is a married brother of the deceased.

¶6In view of the above, since the petitioner does not fall within the definition of family or dependent of the deceased-employee under the Rules, 1974', the respondents are under no statutory obligation to offer compassionate appointment to the petitioner, hence no mandamus as such can be issued. It would be a futile exercise to direct the authority concerned to pass any other order except the rejection order.

¶7In view of the above, I do not find any force in the writ petition. The writ petition fails and is, accordingly, dismissed. Order Date :- 21.11.2023 Shiraz High Court of Judicature at Allahabad