Court No. - 7
Case :- WRIT - A No. - 6401 of 2013 Petitioner :- Bablu Respondent :- State Of U.P.Thru Secy And Anr. Counsel for Petitioner :- Pradeep Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
The present writ petition has been filed seeking a writ of mandamus to direct respondent No. 2, Divisional Director Social Forestry Department, Fatehpur to appoint the petitioner on compassionate ground.
The claim had been made upon the death of one, Ram Prasad Dubey on 14.6.2009, who was a Gardener appointed by the Social Forestry Authority.
The petitioner claims to have filed an application for grant of compassionate appointment on 3.8.2009, a copy of which has been annexed by way of annexure-3 to the writ petition. The said application is further stated to have remained pending. Thereafter, the petitioner filed a second application on 7.5.2012 for the same relief. At that stage, the Divisional Director, Social Forestry Department issued communication dated 19.5.2012 stating that it was not possible to consider the case of the petitioner for grant of compassionate appointment, as he was not such a relative of the deceased to whom compassionate appointment may be granted. No other reason was specified in that order.
At that stage, the present petition came to be filed. While no denial has been made to the application claims to have been filed by the petitioner on 3.8.2009, however, it remains a fact that the petitioner did not approach this Court till before filing of the present writ petition in January, 2013 i.e. more than 3 years after the occurrence of death of Ram Prasad Dubey.
In that regard, it is further seen the petitioner had disclosed himself to be about 43 years of age on the date when the affidavit in support of the present writ petition was sworn by him.
As to his entitlement the petitioner has enclosed two documents being the nomination made by Ram Prasad Dubey in favour of the petitioner to receive the death-cum-retirement gratuity as also the copy of the service record, wherein the deceased, Ram Prasad Dubey disclosed the petitioner to be his son. Reliance has also been placed on the order passed by the Civil Judge (Senior Division), Fatehpur in Case No. 36/70/11 (Babloo vs. Ganesh Prasad) decided by the Lok Adalat on 22.1.2012, wherein the petitioner was found to be the nephew of the deceased, Ram Prasad Dubey.
In such circumstances, it has been submitted that the petitioner was the adopted son of the deceased and that he was therefore entitled to file the application for grant of compassionate appointment in the year 2009 itself. Therefore, the petitioner claims that either a direction may be issued to the respondents to grant compassionate appointment to him or to pass a reasoned and speaking order in that regard.
Learned Additional Chief Standing Counsel on the other hand submits that there is no proof of the application having been first filed by the petitioner in the year 2009 and in any case 10 years time has passed since the death of Ram Prasad Dubey. Therefore, no extreme or financial hardship may be assumed to exist as may warrant an exception to be made for grant of appointment by way of compassionate appointment.
Having considered the arguments so advanced by the learned counsel for the parties, and having perused the record, in the first place though the State has not denied (in the counter affidavit) that the petitioner had filed the application in the year 2009, at the same time it may not be ignored that the petitioner did not approach this Court for almost three years after filing of that application.
As to the reason given in the communication dated 19.6.2012 though the same is not specific, at the same time on the own saying of the petitioner, the Civil Judge (Senior Division) had found the petitioner to be a nephew of the deceased, and not the adopted son of the deceased. The petitioner may have pleaded that he was the adopted son of the deceased, however, there is no deed of adoption and there is no declaration made by any competent court that the petitioner is the adopted son of the deceased.
Then, it also cannot be lost sight of, as on date the petitioner would be about 49 years of age, and again as on date 10 years have passed since the occurrence of the death of Ram Prasad Dubey. Last, the communication dated 19.6.2012 has also not been challenged at any stage.
In view of the reasons noted above, the writ of mandamus sought by the petitioner to direct the respondents to grant him compassionate employement, is declined.
The writ petition is accordingly dismissed. No order as to costs.
Order Date :- 30.1.2019 Sumaira