PRADEEP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sheshavatar Mishra, learned Counsels for the petitioner and the learned Standing Counsel for respondent No. 1. None appears for respondents No. 2 and 3.

(2.) The learned Counsel for the petitioner states that the petitioner's father Late Bhopal Singh was working as Guard in the State Bank of India, Binauli Branch, District Baghpat and he died on 15.9.1996. Since at that time the age of the petitioner was only less than 13 years and his date of birth being 21.11.1993, his mother submitted an application within a period of 2 months from the date of death of deceased Bhopal Singh, whereupon the Bank Officials assured that whenever the minor will become major, he will be provided compassionate appointment. The petitioner submits that he attained majority in 2001 and thereafter submitted an application for compassionate appointment on 20.11.2001 but the same has been rejected by respondents No. 2 and 3 stating that Compassionate Appointment Rules applicable to the Bank are permissible only within one year from the date of death of the employee.

(3.) The learned Counsel for the petitioner submitted that even though the petitioner was minor yet an application was submitted in the year 1996 and, therefore, the same ought to have been treated a valid application within time and a vacancy should have been kept for him so that after attaining majority he should have got appointment under the Provisions of the aforesaid Rules.