STATE OF UTTARAKHAND Vs. SHIRISTI SHAH

JUDGEMENT

(1.) The instant intra-court appeal is reported to be beyond time by 383 days. The explanation furnished for the delay is found to be satisfactory. Accordingly, the delay is condoned. Delay Condonation Application is allowed. Office is directed to allot a regular number to the instant intra-court appeal.

(2.) The present intra-court appeal is directed against the order of learned Single Judge dtd. 18/11/2024, passed in Writ Petition (S/S) No. 629/2023, whereby the Writ Petition filed by the respondent, challenging the order dtd. 1/8/2022, passed by the District Education Officer (Elementary Education), Pauri Garhwal, rejecting the application of the respondent for appointment on compassionate basis, under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, as amended in the year 2010, has been rejected on the ground that the application was filed beyond five years from the date of death of the employee namely, her mother on 18/10/2013.

(3.) The learned Single Judge, relying on the Full Bench judgment of the Allahabad High Court in the case of Shiv Kumar Dubey & others v. State of U.P. & others, 2014 (1) UPLBEC 589, remitted the matter back to the authorities for reconsideration of the application of the respondent for compassionate appointment, taking into consideration the material on record, for purposes of granting relaxation to the time limit of five years in filing the application, and for consideration of the case of the respondent for compassionate appointment. It has also been observed that, if required, a supernumerary post may be created for giving compassionate appointment. The consideration was to be done within a period of six weeks from the date of judgment.