KM. RENU Vs. STATE OF U.P.

JUDGEMENT

(1.) Facts are somewhat unusual in the present case and are therefore noticed at the outset. Petitioner's father was a Lekhpal, who died in harness on 26.5.1990. Petitioner at the time of death of her father was about 07 months old having been born on 15.11.1989. Petitioner's mother also died within few days of her birth. A suit under Section 15 of the Guardians and Wards Act, 1890 was instituted by the petitioner through her uncle in the year 2001 and the District Judge appointed her uncle as the 'Guardian', whereafter orders were passed for payment of monetary benefits due to petitioner's father to her. Upon an application filed for grant of compassionate appointment, the Settlement Officer Consolidation, Lalitpur passed an order on 11.4.2004 intimating petitioner's guardian that her claim for compassionate appointment cannot be considered since she is about 15 years of age and is still a minor. This order, however, contained the stipulation that petitioner may apply after she attains majority. Consequently, petitioner moved an application for compassionate appointment on 26.12.2008 when she became 18 years of age. The claim of petitioner was forwarded to the competent authority for grant of relaxation in terms of Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 for condoning the limitation of five years in filing application for compassionate appointment. Records reveal that at different stage of the proceedings strong recommendations were made for relaxing the limitation of five years period for filing of the application. However, when the matter was placed at the highest level of the State, the competent authority by his one line order rejected petitioner's claim by observing that no justification is found to relax the limitation incorporated in the rules of five years for filing of the application. This decision of the State Government has been intimated by the Settlement Officer Consolidation, Lalitpur on 8.9.2011, which is impugned in the present writ petition.

(2.) Learned counsel for the petitioner submits that on the date of death of petitioner's father, she was only about 07 months old and there is nobody else to support her. It is also stated that extreme financial stringency continues to exist for petitioner, who is an unmarried lady, and her claim for grant of compassionate appointment has not been examined, in accordance with law. Learned counsel for the petitioner places reliance upon a Full Bench judgment of this Court in Shiv Kumar Dubey and others Vs. State of U.P. and others, reported in 2015 AIR (All) 47, wherein following principles have been laid down in para 29:-

(3.) A counter affidavit has been filed on behalf of respondents stating that petitioner is being paid family pension at the rate of Rs.375/- per month, and that no justification exists for grant of compassionate appointment to the petitioner.