TUSHAR KUMAR Vs. GOVERNMENT OF UTTARAKHAND

JUDGEMENT

(1.) The appellant has challenged the legality of the order dtd. 25/6/2021, passed by learned Single Judge, in Writ Petition (S/S) No. 686 of 2021, whereby the learned Single Judge has dismissed the writ petition, inter alia, on the ground of delay and laches.

(2.) Briefly, the facts of the case are that the petitioner's father, Mr. Sunil Kumar, was working as a sweeper/Class IV employee with the respondent department. While in harness, on 23/1/2012, the petitioner's father suddenly expired. At the relevant time, the petitioner was a minor. The petitioner had already lost his mother prior to the loss of his father. Therefore, the petitioner and his younger sister were being looked after by his grandmother, Smt. Kamla Devi. Immediately after losing the petitioner's father, the petitioner's grandmother submitted a representation to the Principal, Government Inter College, wherein she pointed out that she is an old lady, who has retired as a Class IV employee from the Municipality, and is receiving a pension of merely Rs.1,300.00 per month. She is saddled with the responsibility of looking after both the petitioner and his sister. Therefore, she prayed that the petitioner should be appointed on compassionate ground after he reaches the age of majority.

(3.) On 6/10/2016, the petitioner also submitted a representation before the Principal of the College, wherein he clearly stated that he will become a major person within a period of two years. Therefore, his case for appointment on compassionate ground should be considered thereafter. Having reached the age of majority in 2018, by representation dtd. 11/9/2018, the petitioner again requested the Principal to appoint him on compassionate ground. However, by order dtd. 16/2/2019, the petitioner's application has been rejected by the District Education Officer, Primary Education, Tehri Garhwal, the respondent No. 3, ostensibly, on the ground that the said application was filed after five years of the death of the petitioner's father. Therefore, it was filed beyond the period of limitation as mentioned in the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the 'Rules of 1974'). Since the petitioner was aggrieved by the order dtd. 16/2/2019, he filed a writ petition before the learned Single Judge as mentioned here-in-above. By order dtd. 25/6/2021, the learned Single Judge had dismissed the said writ petition. Hence, the present special appeal before this Court.