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Gianda Devi Vs. Union of India and ors.

Gianda Devi vs Union of India and ors.

Type Court Judgment Court Delhi Decided Oct 23, 1991
~2 min read
https://sooperkanoon.com/case/699189

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Civil Writ Appeal No. 61 of 1991
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

- - of India Press died on 28th March, 1989 and under the rules, appointment of one of the heirs of the deceased on compassionate ground was sought for by the widow of the deceased and when she failed to pursuade the department she approached this Court through this writ petition.

Key legal issue
Service
Acts & sections
Constitution of India - Article 226

Parties & Advocates

Appellant / Petitioner

Gianda Devi

Advocate Vipin Sanghi and; Gulab Chandra, Advs

Respondent

Union of India and ors.

Legal References

Acts
Constitution of India - Article 226
Cases Referred
Smt. Phoolwati v. Union of India
Reported In
I(1991)BC635; 46(1992)DLT5

Excerpt

- - of india press died on 28th march, 1989 and under the rules, appointment of one of the heirs of the deceased on compassionate ground was sought for by the widow of the deceased and when she failed to pursuade the department she approached this court through this writ petition.gokal chand mittal, j.(1) rule d.b. (2) on a consideration of the matter we are of the view that the writ petition has to succeed. the husband of the petitioner who was a book binder with govt. of india press died on 28th march, 1989 and under the rules, appointment of one of the heirs of the deceased on compassionate ground was sought for by the widow of the deceased and when she failed to pursuade the department she approached this court through this writ petition. (3) the younger son of the deceased is a book binder and doing the same job which his father was doing and probably got training from govt. of india press. the petitioner claimed the service of younger son on the compassionate ground, which is covered by a judgment of the supreme court in ca 7596/90 in smt. phoolwati v. union of india decided on 5th december, 1990. the decided case relates to govt. of india press. accordingly the writ petition is allowed and the govt. of india press is directed to give employment to the petitioner's younger son within a period of fortnight from the receipt of this order.(4) the son would continue to occupy the house along with the petitioner as similar order was passed by the supreme court in such a case.

Full Judgment

Gokal Chand Mittal, J.

(1) Rule D.B.

(2) On a consideration of the matter we are of the view that the Writ petition has to succeed. The husband of the petitioner who was a book binder with Govt. of India Press died on 28th March, 1989 and under the rules, appointment of one of the heirs of the deceased on compassionate ground was sought for by the widow of the deceased and when she failed to pursuade the department she approached this Court through this writ petition.

(3) The younger son of the deceased is a book binder and doing the same job which his father was doing and probably got training from Govt. of India Press. The petitioner claimed the service of younger son on the compassionate ground, which is covered by a judgment of the Supreme Court in Ca 7596/90 in Smt. Phoolwati v. Union of India decided on 5th December, 1990. The decided case relates to Govt. of India Press. Accordingly the Writ petition is allowed and the Govt. of India Press is directed to give employment to the petitioner's younger son within a period of fortnight from the receipt of this order.

(4) The son would continue to occupy the house along with the petitioner as similar order was passed by the Supreme Court in such a case.

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