PRSHANT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Siddharth Khare learned counsel for the petitioner and learned standing counsel for the respondents.

(2.) The present writ petition has been filed by the petitioner namely Prashant Kumar son of Late Surendra Pal Tyagi seeking compassionate appointment.

(3.) The brief facts of the case are that Sri Surendra Pal Tyagi, the father of the petitioner was, at the relevant time, employed as Constable in P.A.C. On 26.07.1994. Sri Surendra Pal Tyagi in an accident died on account of a bullet injury, which subsequently in an inquiry was found to be an accidental firing case; Sri Surendra Pal Tyagi, deceased had left behind his family consisting of his widow Smt. Nirdosh Tyagi and four children; at the time of death of Sri Surendra Pal Tyagi, the petitioner was a minor. His date of birth being 12.04.1985 and it was only in the year 2003 that the petitioner moved an application seeking compassionate appointment; however, the petitioner's request for compassionate appointment was turned down vide communication dated 12.03.2004 on the ground that application for compassionate appointment was filed after a period of almost five years from the date of death of father of the petitioner; aggrieved against the order dated 12.03.2004 passed by the Commandant VIth Battalion, P.A.C. Meerut and also the order dated 10.03.2004 issued by the U.P. Police Headquarter, Allahabad petitioner had earlier filed a writ petition before this Court being Civil Misc. Writ Petition No. 45164 of 2004 (Prashant Kumar Vs. State of U.P. And Others); the said writ petition was disposed of finally on 28.10.2004 with a direction that: