Court No. - 58
Case :- WRIT - A No. - 25283 of 2018 Petitioner :- Ashish Kumar Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- K.S. Tiwari,Vivek Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the respondents to consider petitioner's claim for appointment on compassionate ground consequent upon death of his father.
Perusal of the record would go to show that petitioner's father died on 7.12.1991. It is alleged that a claim was raised for appointment in the year 2007 and the matter was referred to the Joint Director. It is stated that petitioner is now major and therefore, his claim for appointment be considered.
Petition is opposed by learned Standing Counsel.
Law is settled that compassionate appointment is not a matter of right and is merely a succour provided to the family in distress to tide over the sudden difficulty. The object of providing compassionate appointment would not survive after expiry of 27 years. Compassionate appointment is not a matter of right, which could be claimed after 27 years, on the ground that petitioner has now become eligible.
Facts of present case clearly would not fall within the exception to normal rule of recruitment, and therefore, no direction is required to be issued, as is prayed. Even otherwise the family is receiving family pension and it cannot be said to be living in penury.
Writ petition, accordingly, is dismissed.
Order Date :- 30.11.2018 Anil