High CourtsSingle Bench(1994) 08 AHC CK 0017

Ramchandra Jatav vs District Magistrate and Others

Allahabad High Court · Decided on 12 August 1994 · Citation: (1995) 1 LLJ 1040

HON’BLE JUDGES
D.S. Sinha, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 26134 of 1994

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Judgment

5 paragraphs · 259 words

D.S. Sinha, J.—Sri Beni Ram, erstwhile Roller Fireman in Nagar Palika, Farrukhabad, died on November 26, 1974. After a lapse of an interminable period of nearly two decades, in the year 1994, his son Ram Chandra Jatav, the petitioner, relying upon the Government order dated October 16, 1974 providing a scheme of giving employment to the dependants of such employees of the local bodies who die in harness, invokes the jurisdiction of this court under Article 226 of the Constitution of India for commanding the respondents to give him employment on compassionate ground.

2.

The claim of the petitioner, if any, is stale and contrary to the objects of the scheme of providing employment to the dependants of the employee dying in harness. The scheme of providing appointment on compassionate ground is founded on humanitarian consideration based on the laudable object of providing immediate succour to the dependants of the deceased employee and save them for penury and destitution.

3.

The scheme does not confer upon such dependants any legally enforceable right. Thus, the appointment on compassionate ground cannot be claimed by the dependants of the employee dying in harness as a matter of right. In taking this view, the court is fortified by the decision of the Supreme, Court of India rendered in the case of Umesh Kumar Nagpal v. State of Haryana and Ors. (1995 I LLJ 798).

4.

The claim of the petitioner has no foundation, muchless legal, and has to be rejected.

5.

For the foregoing reasons, the petition fails and is hereby dismissed summarily.