Court No. - 36
Case :- WRIT - A No. - 10442 of 2018 Petitioner :- Ravi Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Babita Upadhyay Counsel for Respondent :- C.S.C.,Sanjeev Kumar Gaur
Hon'ble Mrs. Sunita Agarwal,J.
The claim of the petitioner for grant of compassionate appointment in place of his father who has died on harness on 07.11.2006 has been rejected vide order dated 08.08.2014 in view of the Government order dated 29.01.2003 that the dependants of daily wage employees are not entitled to seek compassionate appointment.
The order of rejection of claim of the petitioner has been challenged in the writ petition which was dismissed by the learned Single Judge and the said order has been affirmed by the Special Appellate Bench.
By means of the present petition, the controversy is being sought to be raised with regard to the non-consideration of claim of the petitioner's father for regularization. The assertion of the petitioner in the present petition is that the petitioner's father was engaged in a work charge establishment on daily wage basis as Cleaner. The seniority list published by the department contains his name at serial no.7 which is incorrect. The seniority list was itself defective and as such the claim of the petitioner's father for regularization has not been considered wrongly being lower in seniority.
To deal with this submission, suffice it to note that it is not disclosed in the writ petition as to whether the petitioner's father had ever raised any dispute with regard to the seniority list which is sought to be challenged in the present petition. He has ever approached the competent authority or this Court challenging the seniority list or seeking consideration of his claim for regularization is not known to the petitioner. The petitioner's father has died on 07.11.2006. After a period of approximately 12 years from the death of employee, it is not possible for the Court to issue any direction to the competent authority to examine the dispute being raised by the petitioner regarding non regularization of the father of the petitioner.
The writ petition is wholly misconceived and hence dismissed. Order Date :- 24.4.2018 Himanshu