SANDHYA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has sought a mandamus commanding the respondent to provide compassionate appointment.

(2.) It is admitted that petitioner's father, working as Assistant Teacher in Sri Shivdan Singh Inter College, Aligarh, died on 8.12.2004 whereafter petitioner's mother applied for compassionate appointment on the post of Assistant Clerk in the College. Considering the availability of vacancy and qualification etc. of petitioner's mother, District Inspector of Schools, Aligarh issued an order dated 26.9.2006 appointing petitioner's mother as a Class IV employee but she did not join and continued to insist upon offering appointment on the post of Assistant Clerk. Subsequently, letter dated 13.8.2007 was issued by District Inspector of Schools for absorbing/appointing/accommodating the petitioner on the post of Assistant Clerk w.e.f. 31.7.2007 in the above College but she did not take any interest in joining the post thereat by taking appropriate steps. On the contrary, on 10.8.2009, petitioner's mother sent a letter to the Management of the College that due to family circumstances she is not able to join the service and since her daughter i.e. petitioner has now attained majority and this is being informed to the Management. Thereafter petitioner made an application for compassionate appointment.

(3.) Learned counsel for the petitioner submitted that since no letter of appointment was issued to the petitioner's mother, she did not join. In fact she was not allowed to join and there is no fault on her part and hence now she is entitled for compassionate appointment.