Court No. - 36
Case :- WRIT - A No. - 13346 of 2018 Petitioner :- Vijay Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Gautam,Mohammad Fahad,Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner is seeking a writ in the nature of certiorari seeking for quashing of the orders dated 03.01.2018 and 25.04.2018 passed by the respondent no.2, whereby the claim of the petitioner for grant of compassionate appointment has been rejected on the ground that the petitioner has failed to make out a case for grant of relaxation in the requirement of applying within 5 years under Rules 5 of the Dying- in-Harness Rules' 1974.
It appears that on an application moved by the petitioner under the Rules' 1974, the matter was forwarded to the State Government for consideration for grant of relaxation. The order impugned categorically records that the Constable employee died on 13.11.2002 in harness. First application on behalf of the petitioner, son of the deceased employee was given on 26.3.2014, on the said date, he was not eligible for appointment being minor. Another application was moved by the petitioner on 25.07.2015.
Learned counsel for the petitioner informs that the petitioner had attained majority on 25.07.2014. Thus, it is clear that the application seeking compassionate appointment was moved after a period of one year from the date of attaining majority.
It appears that apart from the assertion of the petitioner that his father died in harness, no other circumstance has been brought before the competent authority to apply its mind so as to grant relaxation for consideration for compassionate appointment.
The wife of the deceased employee gave an explanation that she did not seek compassionate appointment being an illiterate lady and her children being minor at the time of death of her husband.
It was, thus, recorded that the financial crisis which the family had faced at the time of death of sole bread earner, does not subsist. The family has over come the crisis and now after a period of more than 12 years, there is no justification to grant compassionate appointment.
On a pointed query made by the Court, as to what are the other circumstances which were brought by the petitioner before the State Government so as to invoke its discretionary power to grant relaxation, nothing much could be said. It is not disclosed in the writ petition as to whether other heirs namely daughter of the deceased employee are elder or younger to the petitioner.
Full Bench of this Court in Shiv Kumar Dubey and others vs.
State of U.P. & others reported in 2014(1) UPLBEC 547 has held that on death of the deceased employee, in case his children are minor, no post can be reserved for them so that they can be appointed after becoming major. Minor children after becoming major only have a right to consideration for grant of relaxation by the State Government. The attending circumstances i.e. the material which would make out the case in favour of the applicant so as to justify his claim that the family was still in financial crisis has to be brought by the applicant. The power of the State Government under proviso to Rule 5 of 1974' Rules is discretionary in nature. The Court cannot insist upon the State Government to grant relaxation in all cases where the dependent of an employee approaches for the grant of compassionate appointment soon after attaining majority.
It is reiterated by the Division Bench that the compassionate appointment is not a source of recruitment rather it is in the nature of exception to Article 14 and 16 of the Constitution of India. Strict compliance of said rule is to be made by the respondents.
This Court is, therefore, of the considered view that the petitioner has not been able to make out a case for grant of relaxation. No material has been brought before the State Government or before this Court, so as to make any consideration.
The writ petition is found devoid of merit and hence dismissed. Order Date :- 31.5.2018 Himanshu