MOHD. GULZAR KHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Mother of petitioner died in harness on 14/11/2007. His father had earlier expired in year 2005. At the time of death, petitioner was aged about 10 years and 7 months and his sister was aged about 9 years. Both being minor were taken care by their maternal uncle and aunty.

(2.) Petitioner completed his XIIth examination in 2014 and also passed B.Com. and attained majority in April, 2015. Petitioner filed an application for compassionate appointment with prayer to relax period of 5 years in terms of provisions of Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short "Rules"). Matter remained with respondents for consideration which forced petitioner to file a writ petition bearing No. 15539 of 2018 which was disposed of by an order dtd. 23/7/2018 with a direction to take a decision for compassionate appointment and to relax bar of 5 years for appointment on compassionate ground.

(3.) Above referred order was complied with, however, by impugned order dtd. 21/1/2019, claim of petitioner for compassionate appointment was rejected on ground that it was submitted after more than 5 years.