SANJEEV KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Nisheeth Yadav, learned counsel for the petitioner.

(2.) THE father of the petitioner was a constable in civil police, died in harness on 03.07.1995, the petitioner was a minor and passed intermediate examination in 2007, thereafter, applied on 15.01.2007 for compassionate appointment under Uttar Pradesh Recruitment of Dependents of Government Servant (Dying in Harness) Rules 1974 (hereinafter referred to as 'Rules'). Since there was a delay of 12 years, the petitioner's application was forwarded to the State Government by Senior Superintendent of Police for relaxation and condonation of delay, vide letter dated 18/23.12.2007. The State Government by the impugned order, dated 27.04.2010, rejected the claim of the petitioner for appointment under the Rules for two reasons, namely, that 12 years had lapsed since the death of the deceased, further at the time of death i.e. in 1995, the family was receiving family pension of Rs. 4000/ - per month which has increased, from time to time, hence, the economic condition of family was not such that any member of family should be granted appointment under the Rules.

(3.) THE order dated 27.04.2010 passed by the State Government and the communication letter dated 04.05.2010, issued by the Deputy Inspector General of Police, Allahabad, respondent no. 2, are being questioned in the present petition.