SUDHIR KUMAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This special appeal has been filed against the judgment and order dated 20.01.2016 passed by learned Single Judge in Writ Petition No.7501 (SS) of 2005, Sudhir Kumar Mishra vs. The State of Uttar Pradesh and others whereby the order dated 28.09.2006 of the state government rejecting the representation of the petitioner for compassionate appointment was confirmed and Writ Petition was dismissed.

(2.) The father of the appellant, Shri Rama Shanker Mishra, while working as Collection Amin at Tehsil Bighapur, District Unnao, died on 01.10.1996 leaving behind his widow, three daughters and the petitioner. The mother of the petitioner, Smt. Vijaya Devi, did not claim compassionate appointment but moved an application on 28.08.2000 before the District Magistrate, Unnao, making submissions that she did not claim compassionate appointment since she was neither qualified nor was able to take up employment due to her continued illness. Her three daughters were of marriageable age and were not inclined to take up any employment. Her only son, the petitioner, who was studying in Class-X, was not eligible for appointment as he was minor and was to attain majority in year 2004. In this situation, it was, thus, prayed that in view of amended provisions of Section 5 of the Uttar Pradesh Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 ( in short referred to as "1974 Rules") period of 5 years may be relaxed in respect of her son who may be considered for employment and a post be kept reserved for employment of her son under the Rules.

(3.) On her son completing the age of eighteen, her mother filed a representation on dated 11.08.2004 before the District Magistrate, Unnao seeking compassionate appointment of her son on the ground that the financial and social problems occasioned by the death of her husband continued. The said request of the petitioner's mother was declined by the order dated 08.07.2005. Being aggrieved with this order dated 08.07.2005, the petitioner filed a writ petition whereby the petitioner was directed by interim order dt. 21.11.2005 to file a fresh representation before the State of U.P. for reconsideration of his case and for allowing relaxation of time limit of 5 years as per above Rule 1974. The petitioner submitted a representation accordingly on 12/19.12.2005 to the Secretary, Revenue Department, Government of Uttar Pradesh as well as to the District Magistrate, Unnao. The said representation was also rejected vide order dated 28.09.2006 by the State on the ground that it was time barred. The said order was challenged in Writ Petition No.7501 (SS) of 2005 which was dismissed by learned Single Judge hence this writ petition.