SANNI Vs. STATE OF U P

JUDGEMENT

(1.) Father of the petitioner was working as Constable in the police Department. He died in harness on 9.12.1994 leaving behind his widow and three minor sons including the petitioner and one daughter. At the time of death of the petitioner's father he was about eight years and four months. The post retiral benefits in the shape of pension was sanctioned in favour of the mother of the petitioner which was fixed at Rs. 2698/- per month. Petitioner's mother moved an application on 15.7.2003 before the S.S.P., Bulandshahar for appointment of his son, the petitioner under the U.P. Recruitment of Dependants of Government Servants (Dying in Harness) Rules, 1974 (hereinafter referred to as the 'Rules 1974'). She was informed that as and when his son attains the age of majority his application for appointment shall be considered. Thereafter the said application for appointment on compassionate ground has been referred to the State Government for giving relaxation in appointment under dying in harness Rules as the mother of the petitioner has applied after five years from the date of death of the deceased. The said application for giving relaxation was rejected vide order dated 23.2.008 by the State Government. In compliance to the said order, SSP, Bulandshahar vide order dated 24.3.2008 has refused to give relaxation on the ground that the income of the family of the petitioner is sufficient to overcome the financial crisis as such there is no ground for seeking relaxation as provided under the Rule 5 of the Rules 1974. It is this order which is subject matter of challenge before this Court.

(2.) Learned Counsel for the petitioner vehemently urged that as the petitioner was a minor at the time of the death of his father, he could not have possibly moved the application for seeking compassionate appointment. The mother of the petitioner filed the application and, therefore, it cannot be said that there was any delay on the part of the petitioner in moving the application. He further submitted that mere grant of pension to the mother of the petitioner cannot be a ground to refuse relaxation of the period prescribed for moving an application and, therefore, the order of the State Government as well as the consequential order passed by S.S.P., Bulandshahar deserve to be set aside.

(3.) Learned standing counsel, on the other hand, submitted that Rule 5 of the Rules clearly provides that the application for seeking employment on compassionate grounds has to be made within five years from the date of the death of the Government servant and the proviso which empowers the State Government to relax the requirement of time limit if it causes undue hardship in any particular case, cannot be stretched to such an extent so as to provide appointment on compassionate grounds to even those persons who were only eight years of age at the time of death of the deceased employee. He further contended that appointment on compassionate grounds is given to tide over the immediate financial difficulties which the family of the deceased employee may face at the time of his death and, therefore, such appointment cannot be given after a long gap of time.