SUBHASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dated 22.10.2010 dismissing the writ petition and upholding the order dated 11.3.2010 passed by the State Government in relation to the claim of the Petitioner for being appointed under the compassionate appointment Rules.

(2.) The facts, as disclosed in the writ petition and also entailed in the judgment of the learned Single Judge, indicate that the Appellant's father died-in-harness on 8.8.1994 when the Petitioner was only 6 years old. The application for compassionate appointment was made after the Appellant became a major on 5.12.2005. The State Government refused to accord relaxation vide order dated 29.6.2007 which has been reiterated in the order dated 11.3.2010. Assailing the same, the Appellant filed a writ petition giving rise to the present appeal which has been dismissed after relying on several judgments of the Apex Court and in particular the judgment in the case of State of Haryana v. Rani Devi,1997 74 FLR 2023 The learned Single Judge found that no such Rules were available that would allow the benefit of relaxation in moving of an application for compassionate appointment to a minor after attaining the age of majority.

(3.) Learned Standing Counsel, on the other hand, submits that there is no vested right in the Appellant to claim appointment on compassionate basis and the learned Single Judge has found that since the Appellant has been able to survive for the past 16 years, therefore, the same is an indicator that the Appellant is not in immediate need of any such compassionate consideration hence the learned Single Judge has rightly refused to exercise his discretion in favour of the Appellant.