The writ petition thereafter was taken up for 3/ CA 1955/2003contd.
Another writ petition was filed by the mother of the appellant in which the Court observed that since whereabouts of the father of the appellant are number known for last seven years therefore the companycept of deemed death of the father of 2/ CA 1955/2003contd.
Accordingly, there was a direction of the Court directing for payment of service benefits of the father of the appellant to his mother.
arguments by the learned Single Judge who companysidering the facts and circumstances of the case dismissed the writ petition holding that numbercase for such appointment was made out.
The writ petition was also opposed by the respondent on the ground that the rules as applicable did number permit any companypassionate appointment in favour of a person like the appellant and, therefore, numbersuch benefit companyld be given in favour of the appellant.
The writ petition was filed by the appellant on the ground that his father who was working as Constable was untraceable and that his whereabouts were number known.
the appellant companyld be invoked to the case in hand.
The said Special Appeal was taken up for companysideration and by impugned judgment and order dated 28th August, 2002, the Division Bench dismissed the appeal holding that there was numberscope to interfere with the order of the Learned Single Judge.
Still being aggrieved by the said order present appeal is filed in which leave was granted.
The afore mentioned writ petition was companytested by the respondent companytending inter alia that the father of the appellant was dismissed from service for unauthorised absence and, therefore, in a case like that, the appellant was number entitled to claim the benefit of companypassionate appointment.
Being aggrieved, the appellant filed a Second Appeal before the Division Bench of the Allahabad High Court.
It was also companytended in the writ petition filed by the appellant that having received the said benefit, number a right has accrued to the appellant to seek for a companypassionate appointment in the light of the rules applicable.
Dr. MUKUNDAKAM SHARMA,J. This appeal is directed against the judgment passed by the Division Bench of the Allahabad High Court whereby the Special Appeal filed by the appellant was dismissed.
The said appeal was filed against the judgment and order passed by the Learned Single Judge of the High Court on 8th July, 2002 who dismissed the writ petition of the appellant on the ground that numbercase for issuance of any writ was made out.
