SHYAM KISHORE MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is the son of the deceased employee, who was serving in the Police Department he died on 10.12.1992. At that time, the petitioner was 9 years old. It appears that the mother of the petitioner moved an application in the year 1996 claiming the appointment of her son. It is informed by the authority concerned that whenever her son becomes major the claim will be considered. Though the petitioner became major in the year 2001 but he moved an application for compassionate appointment on 15.12.2008, the application has been rejected by the State Government on the ground that it has been moved beyond time after 17 years from the date of death of his father. It has also been observed that the mother of the petitioner is getting pension and there are other members of the family. The appointment on compassionate ground is made to meet the immediate financial crisis arising due to the death of the employee. Considering the entire facts and circumstances, it was found that there is no justification to relax the time limit under the proviso to Rule 5 of the U.P. Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974.

(2.) Heard learned counsel for the petitioner and learned Standing Counsel.

(3.) The matter relating to compassionate appointment is now being settled by the Apex Court. Some of the judgements of the Apex Court are referred herein above.