Court No. - 33
Case :- WRIT - A No. - 7285 of 2021 Petitioner :- Soham Prakash Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Umesh Vats,Devendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for grant of compassionate appointment has been rejected vide order dated 22.1.2021 which is assailed in this petition. This order records that petitioner's father died on 5.12.1992 and after expiry of 16 years of his death, an application for compassionate appointment has been filed. Reliance is placed upon the succession certificate to observe that other family members were available who could apply for compassionate appointment. It is in this circumstance that petitioner's application for compassionate appointment has been rejected holding it to be grossly delayed.
It is urged on behalf of the petitioner that petitioner was a minor at the time of death of his father and the authorities entertained the delayed application which ought not to have been rejected. It is also submitted that even if his claim is rejected, he ought to be compensated by awarding exemplary damages.
Petition is opposed by th learned standing counsel.
It is settled that compassionate appointment is offered with the object of enabling the family in distress to tide over the sudden difficulty created due to death of the sole bread earner and it cannot be claimed as a matter of right.
In the facts of the present case, it is not disputed that on the death of the employee concerned other family members were available who could apply for compassionate appointment. No such application was filed, then. Compassionate appointment otherwise is not a right for which petitioner can wait upto his majority to make an application. No circumstance is placed before the Court which may justify non moving of timely application or filing of delayed application after 16 years. Merely because such claim was entertained cannot be a ground to claim damages.
Prayer in that regard is wholly misconceived. No error is shown in the order dated 22.1.2021 which may require any interference by this Court.
Dismissed, accordingly.
Order Date :- 28.7.2021 n.u.