Court No. - 33
Case :- WRIT - A No. - 14412 of 2020 Petitioner :- Sudarshan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Singh,Gaytri Rajput Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's brother was employed as a constable in U.P. Police, who has died on 25.2.1997. An application thereafter appears to have been made by petitioner for grant of compassionate appointment. This application has been rejected by the order impugned dated 23.12.2019 holding that petitioner does not form part of the family, inasmuch as he is already married and two issues are born out of such wedlock. Reliance is placed upon Rule 2(c) of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, to submit that only unmarried brothers who were dependent upon deceased government service could be offered appointment.
Learned Standing Counsel points out that a period of 21 years has otherwise expired since death of petitioner's brother and at such late stage any claim for compassionate appointment otherwise is not required to be considered.
Having heard learned counsel for the parties, this Court finds that the reason assigned not to allow petitioner's claim for compassionate appointment cannot be said to be contrary to the definition of family specified in Rule 2(c) of the Rules of 1974. A period of 21 years has otherwise expired since death of petitioner's brother. No interference with the order impugned is, therefore, warranted, at this stage.
Writ petition, accordingly, is dismissed.
Order Date :- 7.1.2021 Anil