Court No. - 2
Case :- WRIT - A No. - 9316 of 2019 Petitioner :- Raj Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ram Sagar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner, son of Ex-constable, who died in harness on 10 May 2012. Petitioner being minor and on passing intermediate examination on 9 June 2017, applied for compassionate appointment under the Dying in Harness Rules, 1974. The second respondent-Superintendent of Police, Auraiya by the impugned order dated 11 May 2019 has rejected the application of the petitioner contending therein that the petitioner on attaining the age of majority was not qualified, rather, he acquired qualification on 1 January 2017 after expiry of limitation i.e. five years. It is urged by learned counsel for the petitioner that in the event of delay, the matter should have been referred to the State Government for condonation of delay. The application of the petitioner has not been considered on merit but was rejected on technical ground.
Learned standing counsel submits that the record of the petitioner shall be placed before the first respondent- Secretary (Home) Civil Secretariat, U.P., Lucknow, for consideration.
In view thereof, the writ petition is allowed by passing the following orders:
i) the order dated 11 May 2019 passed by the second respondent--Superintendent of Police, Auraiya is set aside and quashed;
ii) it is directed that the second respondent-- Superintendent of Police, Auraiya shall place the record of the petitioner, with its opinion on merit, to the first respondent-Secretary (Home) Civil Secretariat, U.P., Lucknow, to pass appropriate order thereon in accordance with the rules. The entire exercise to be carried out within four months.
It is clarified that the Court has not considered the claim of the petitioner on merits.
Order Date :- 31.5.2019 Mukesh Kr.