Court No. - 36
Case :- WRIT - A No. - 12817 of 2019 Petitioner :- Vijay Respondent :- State Of Up Through Its Principal Secretary Lucknow And 3 Others Counsel for Petitioner :- Vishal Mohan Gupta Counsel for Respondent :- C.S.C.,Hemant Kumar
Hon'ble Mrs. Sunita Agarwal,J.
From the order impugned, it is evident that the claim of the compassionate appointment made by the petitioner has been rejected noticing the fact that the petitioner is a married son and was residing separately from his family for more than ten years. All other heirs of the deceased employee i.e. brother and sister of the petitioner had raised objection that he was not looking after them since the death of their father on 12.03.2017.
The order impugned categorically records that personal hearing was accorded to the petitioner on 26.12.2017 wherein in order to ascertain the correctness of the objections some questions were asked from the petitioner. The petitioner conveniently avoided answer to certain questions which were such as; Whether you look after your family? and whether objection of your brother that you were not providing any financial assistance to them was correct? The petitioner kept mum. The fact that the petitioner was living separately to his parent and other brother is also not disputed.
In view of the above facts recorded in the order impugned, this Court does not find any justification to interfere. Mere submission of learned counsel for the petitioner that the petitioner was looking after his aged parent i.e. mother and father would not give him a right to seek compassionate appointment.
The writ petition is, accordingly, dismissed. Order Date :- 22.8.2019 Himanshu