Court No. - 34
Case :- WRIT - A No. - 14543 of 2020 Petitioner :- Ravi Kumar Rao Respondent :- State of U.P. and Another Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
This petition has been preferred for the respondents being commanded to accord compassionate appointment to the petitioner. The claim itself is raised in the backdrop of the father of the petitioner having died while in service in 2009. Learned counsel for the petitioner submits that upon attaining the age of majority, the petitioner is liable to be granted appointment on compassionate basis.
The law on the subject of the rights of a person who claims compassionate appointment upon attaining the age of majority has been enunciated by a Full Bench of the Court in Shiv Kumar Dubey Vs. State of U.P. And Others; 2014 (2) ADJ 312 wherein in sub para -(viii) of para 29 the Court held as under:
"(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 itself unable to issue the writs as prayed for.
The writ petition is dismissed.
Order Date :- 7.1.2021/Arun K. Singh (Yashwant Varma, J.)