SHIV KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) THESE three appeals raise common issues for consideration of this Court and, therefore, are being taken up together.

(2.) THE facts of the Special Appeal no.356 of 2012, Shiv Kumar Dubey vs. State of U.P. and others are as follows:-

(3.) IN Special Appeal No.371 of 2012, Ashok Kumar vs. State of U.P. and others, the facts of the case, in brief, are that the petitioner's father (late) Sri Om Singh was posted as a constable in District Budaun and he expired on 26.7.1993 while in service. The mother of the petitioner submitted an application before the authorities on 1.10.20008 wherein it was stated that at the time of death of her husband Sri Om Singh on 26.7.1993, the petitioner was a minor, being only two years of age, and that he attained the age of majority on 12.8.2009 and has also completed his INtermediate and, therefore, he may be considered for being given appointment on compassionate grounds. The application, it appears, was referred to the State Government but the request was declined on the ground that the deceased employee had expired in the year 1993 and the application was being submitted after more than 16 years. It was further mentioned that the purpose of giving compassionate appointment was to provide immediate relief to the family of the deceased employee. It was also stated that the wife of late Om Singh could have applied for compassionate appointment on the ground of financial difficulties at the relevant point of time but she did not do so rather she waited for her son to attain the age of majority. IN the circumstances, no relaxation could be granted to the petitioner for being given compassionate appointment. Aggrieved by the order dated 29.11.2010,the petitioner filed Writ Petition No.6462 of 2011, Ashok Kumar vs. State of U.P. and others which was dismissed by the learned Single Judge by his order dated 1.12.2011.