LAWS(ALL)-2002-12-72

DEEPAK RAI Vs. UNION OF INDIA

Decided On December 11, 2002
Deepak Rai Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) HEARD Counsel for the petitioner, Sri Vivek Singh appeared for the respondents.

(2.) THE petitioner is challenging the impugned order of the Central Administrative Tribunal, Allahabad dated 31.10.2002, Annexure -10 to the petition. The petitioner claims appointment under Dying in Harness Rules. When he was not granted appointment, he filed an Original Application, which was rejected by the aforesaid impugned order. The father of the petitioner died in the year 1991 i.e., about 11 years age. It is settled law that compassionate appointment under Dying in Harness Rules should not be given after long years of the death of the father vide Umesh Kumar Nagpal v. State of Haryana, 1994 (4) SCC 138, S. Mohan v. Govt. of T.N., 1998 (9) SCC 485, U.S. Srivastava v. State of U.P., (1990) 1 UPLBEC 220. U.P.S.R.T.C. v. A.K. Misra, (1995) 1 UPLBEC 21. Haryana State Electricity Board v. Hakim Singh, (1997) 3 UPLBEC 2047 (SC),Haryana State Electricity Board v. Naresh Janwar, JT 1996 (2) SC 542, etc. The very purpose of compassionate appointment on the death of an employee is that there may be immediate financial crisis in the family and some financial help is necessary. Since the petitioner's father died long ago that financial crisis is over and now there is no question of granting appointment to the petitioner under the Dying in Harness Rules in view of the above decisions.