MUKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the record. This special appeal has been filed for quashing of the order and judgment dated 11.6.2007 passed by the learned Single Judge in Civil Misc. Writ Petition No. 29665 of 2007, Mukesh Kumar v. State of U.P. and others, whereby the aforesaid writ petition had been dismissed.

(2.) It appears from the record filed alongwith this special appeal that Charan Singh died during the course of his employment on 28.12.1986. His widow had applied for appointment under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as '1974 Rules') vide her application dated 12.2.88 appended as Annexure-3 to the writ petition. From perusal of Annexure-4, letter dated 29.2.1988 issued by respondent No. 3, Executive Engineer (Public Works Department) Temporary Division, Mathura it appears that she was advised not to come to the office again and again and should contact the authority in the department for compassionate appointment under 1974 Rules after her son attains majority and thereafter the process for taking him in service would be initiated.

(3.) In the aforesaid circumstances, appellant Mukesh Kumar after attaining the majority moved the concerned department vide Annexure-5 to the writ petition and prayed for compassionate appointment. It appears that his application for compassionate appointment was rejected by the authority on the ground of delay. In the circumstances, the appellant was compelled to prefer Civil Misc. Writ Petition No. 2962 of 2005, Mukesh Kumar v. State of U.P. and others, which was disposed of vide judgment and order dated 24.1.2005. It reads thus :