NEERAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. I.P. Singh, learned counsel for the petitioner as well as learned Standing Counsel.

(2.) THE petitioner has assailed the order dated 21.07.2010 passed by the State Government, whereby the petitioner's application for providing relaxation in moving application for compassionate appointment has been rejected.

(3.) THE facts of the case as set out are that late Ram Deo Singh died on 27.10.1991 while working as Assistant Development Officer (Panchayat) Sultanpur. His daughter Km. Mithilesh moved an application for compassionate appointment on 02.01.1992. Her matter was under consideration, meanwhile she was married, therefore, he showed her unwillingness. At that time, the deceased's younger daughter Km. Neeraj Singh was minor. However, when she, became major, moved an application for appointment on 02.07.2001. Since by the date of application, the period for moving such an application had been expired, therefore, her matter was referred to the State Government for providing relaxation, but the State Government also refused to relax it. Being aggrieved with which, she instituted a writ petition before this Court being writ petition no. 1339 of 2004. She also instituted another writ petition no. 3603 (S/S) of 2004 in which this Court issued direction to the State Government to consider the petitioner's application for providing relaxation in time. The State Government considered her case in the light of the directives issued by this Court in the case of Girija Shanker v. State of U.P. and others,2004 22 LCD 93. The State Government has observed that prior to becoming major of the petitioner, one another daughter of the deceased namely Km. Hema Singh had become major in 1994 but she did not move any such application and by passage of time, she has also married. The State Government has also considered the financial position of the deceased family and keeping in view the agricultural land and grove land available with the deceased family, it has observed that those are sufficient for the livelihood of the members of the deceased family.