Court No. - 6
Case :- WRIT - A No. - 24618 of 2018 Petitioner :- Digamber Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nirbhay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
This petition challenges an order dated 31 July 2013 pursuant to which the respondents have refused to extend the period of consideration of an application for appointment on compassionate grounds. The respondents had been approached in light of the proviso to Rule 5 which puts in place a five year period for making of an application. While power does stand conferred on the respondents to enlarge this period, the same must necessarily be exercised in cases where it is found that the family of the deceased is genuinely in need of appointment. From the impugned order, the Court notes that the deceased government servant died on 14 May 1988 (wrongly shown as 1998) and the application for appointment was made sometime in 2004 by the mother. The petitioner appears to have applied in 2007.
Learned counsel admits that the petitioner at the time of the death of his father was only three years old. It is in this context that the following principles were enunciated by a Full Bench of the Court in Shiv Kumar Dubey Vs. State of U.P. And Others; 2014 (2) ADJ 312 in sub para -(viii) of para 29:
"(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."
In view of the principles laid down in Shiv Kumar Dubey, this Court finds no ground to interfere with order impugned.
The writ petition is dismissed.
Order Date :- 20.12.2018 Arun K. Singh (Yashwant Varma, J.)