LAWS(ALL)-2006-9-7

MAHENDRA KUMAR YADAV Vs. STATE OF U P

Decided On September 05, 2006
MAHENDRA KUMAR YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The petitioner has sought the quashing of the order dated 16.6.2006 passed by the State Government by which the application filed by the petitioner for relaxing the time limit requirement of five years in moving the application for seeking compassionate appointment under the provisions of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the ''Rules') was rejected. The quashing of the order dated 27.6.2006 passed by the Superintendent of Police, Banda communicating the aforesaid order of the State Government has also been sought along with the consequential relief of granting appointment to the petitioner on compassionate ground after relaxing the prescribed time limit for making the application.

(2.) The father of the petitioner, while serving as a Head Constable in U.P. Police, died on 17.7.1987. The petitioner was a minor of about six years at the time of death of his father. He completed his Graduation in the year 2002 and thereafter moved an application on 9.8.2002 before the Superintendent of Police, Banda for providing him appointment on compassionate grounds under the Rules on the post of Sub-Inspector in U.P. Police. The Superintendent of Police, Banda sent a communication dated 1.2.2003 to the petitioner mentioning therein that it was not possible to refer the case of the petitioner to the State Government for granting relaxation in the time limit. The petitioner, however, directly moved an application before the State Government and by the communication dated 20.8.2004 the State Government required the Senior Superintendent of Police, Banda to forward the necessary information regarding the petitioner in the prescribed proforma. The Superintendent of Police, Banda, then forwarded the particulars but as no decision was taken by the State Government in the said matter, the petitioner filed a writ petition in this Court, being Writ Petition No. 1489 of 2006, which was disposed of by means of the judgment and order dated 10.1.2006 with a direction to the State Government to consider the case of the petitioner for grant of relaxation in the time limit for filing the application under the Rules. The decision of the State Government not to grant relaxation in the time limit was then communicated by the Superintendent of Police, Banda to the petitioner by the order dated 27.6.2006. It is these orders which have been impugned in the present petition.

(3.) A perusal of the aforesaid order indicates that it was noticed by the State Government that the petitioner's father had died on 17.7.1987 when the petitioner was a minor of only six years and even though he attained the age of majority in the year 1999 but it was after a period of three years that he submitted the application in the year 2002 for seeking compassionate appointment. It also mentions that the petitioner had throughout been receiving the pension as his mother had also died after the death of his father and, therefore, there was no requirement of granting any relaxation in the time limit as compassionate appointment is granted to tide over the immediate financial difficulties faced by the family of the deceased employee.