Court No. - 6
Case :- WRIT - A No. - 2234 of 2019 Petitioner :- Vipin Kumar Chaturvedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satya Deo Ojha Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and the learned Standing Counsel.
This petition impugns an order dated 8 May 2018 in terms of which the claim for compassionate appointment has been negatived on the ground of the application having been made more than five years after the death of the deceased government servant. Irrespective of the grounds which have been taken by the respondents in proceeding to reject the claim of the petitioner, the Court notes that the undisputed position is that the government servant is stated to have died while in service in 1994. At that time the petitioner as per his own admission was only 14 days old. It is in that backdrop that the following pertinent observations made by the Full Bench in Shiv Kumar Dubey Vs. State of U.P. And Others; 2014 (2) ADJ 312 are of no significance:
"(viii) Provisions for the grant of compassionate appointment do not constitute a reservation of a post in favour of a member of the family of the deceased employee. Hence, there is no general right which can be asserted to the effect that a member of the family who was a minor at the time of death would be entitled to claim compassionate appointment upon attaining majority. Where the rules provide for a period of time within which an application has to be made, the operation of the rule is not suspended during the minority of a member of the family."
Consequently and bearing in mind the principles enunciated in Shiv Kumar Dubey, the Court finds no ground to interfere with the order impugned.
The petition is consequently dismissed.
Order Date :- 26.2.2019/Arun K. Singh