Court No. - 6
Case :- WRIT - A No. - 27440 of 2018 Petitioner :- Akhilesh Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Umesh Prasad Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
This petition calls in question an order pursuant to which the respondents have taken a decision not to relax the time frame for making an application for compassionate appointment as contemplated under the 1974 Rules.
The claim for compassionate appointment was made pursuant to the death of the father while in service on 17 March 1998. The respondents have noted that the first application for grant of compassionate appointment came to be made on 07 September 2011. This fact is disputed by the learned counsel for the petitioner who states that the application was made in 2003 and immediately after the petitioner attained the age of majority.
Be that as it may, the Court must necessarily bear in mind that grant of compassionate appointment is an exception to the rule of equality which applies to appointments in public service. The Court further notes the following pertinent observations as made by the Full Bench of the Court in Shiv Kumar Dubey and Others Vs. State of U.P. 2014(2) ADJ 312:-
"(viii) Provisions for the grant of compassionate appointment do not constitute a reservation of a post in favour of a member of the family of the deceased employee. Hence, there is no general right which can be asserted to the effect that a member of the family who was a minor at the time of death would be entitled to claim compassionate appointment upon attaining majority. Where the rules provide for a period of time within which an application has to be made, the operation of the rule is not suspended during the minority of a member of the family."
Bearing the aforesaid principles in mind, the Court finds no ground to interfere with the order impugned.
Writ petition is dismissed.
Order Date :- 20.12.2018 faraz