MANOJ KUMAR SAXENA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The father of petitioner, late Ram Bahadur Saxena was holding post of Lekhpal in Tehsil Faridpur, District Bareilly. He died in harness on 13-8-1987. The petitioner, at the time of death of his father, was minor, aged about 12 years. The petitioner, therefore, after attaining the age of majority, applied for appointment on the post of Lekhpal, on compassionate ground, in the month of November, 1993. The Collector who is appointing authority, wrote a letter to Board of Revenue, for issue of the suitable/necessary direction. It appears that the Commissioner/Secretary, Anubhag-12, Lucknow referred the matter to the Joint Secretary, Government of U.P. The Joint Secretary, Government of U.P. wrote a letter to the Commissioner/Secretary, Board of Revenue that the employee, Ram Bahadur Saxena died in 1987. The applicant applied for his appointment on compassionate ground in 1993 after five years. There was no justification in granting relaxation in the delay in applying for the appointment on compassionate ground. This is the order which is under challenge in this petition.

(2.) Heard Sri Lokendra Kumar, learned Counsel for the petitioner and learned Standing Counsel at length.

(3.) The sole controversy in this petition revolves on the point whether the delay in applying for the appointment on compassionate ground can be allowed in the cases where the applicant appear on the date of death of his father?