Court No. - 6
Case :- WRIT - A No. - 60741 of 2016 Petitioner :- Jyoti Kumari Pandey Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Sheo Mani Yadav Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition seeks quashing of the impugned order dated 27 January 2016 in terms of which the claim of the petitioner for compassionate appointment has been turned down on the ground that no circumstances exist for relaxing the time requirement as envisaged under Rule 5 of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.
Rule 5 of the 1974 Rules, it may be noted, prescribes that an application for appointment on compassionate ground must be made within five years of the date of death of the Government servant. The proviso thereto then confers a discretion on the State Government to relax this requirement in case it finds that proper justification has been proffered for not making the application within the time prescribed. As this Court reads the order impugned, it is more than evident that no reasons have been assigned by the respondents in justification of rejection of the prayer made for condoning delay. The power to condone delay as conferred by the proviso to Rule 5 cannot be made to depend on the mere ipse dixit of the respondents.
Faced with this situation, the learned Standing Counsel submits that the ends of justice would merit the matter being remitted for fresh consideration without filing of counter affidavit in the present proceedings.
Accordingly and for the reasons noted above, this writ petition is allowed. The impugned order dated 27 January 2016, passed by the respondent No. 1 is quashed. The matter shall in consequence stand remitted to the first respondent who shall proceed to deal with the claim of the petitioner for relaxation of the time period as contemplated under the proviso to Rule 5 of the 1974 Rules in accordance with law and with expedition.
Order Date :- 28.11.2018 LA/-