ARVIND KUMAR SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition seeks the quashing of the order dated 28th February, 2000 passed by the Joint Director, Health and Welfare Department, U. P. Lucknow by which the claim of the petitioner for grant of compassionate appointment was rejected.

(2.) IT is the case of the petitioner that his father died in harness on 14th April, 1983 while he was working in the Primary Health Centre, Block Ram Nagar, District Bareilly. It is also his case that on attaining majority, he moved an application on 8th July, 1997 before the Director (Health) to grant compassionate appointment and though the Chief Medical Officer made certain recommendations in his favour, but the Joint Director, Health and Welfare Department rejected the application on the ground that it had been filed with considerable delay. Learned counsel for the petitioner submitted that as a minor, the petitioner could not have moved the application for granting compassionate appointment and after he attained majority, he moved the application. It is his contention that the Director (Health) committed an error in rejecting the application as recommendation had been made in his favour by the Chief Medical Officer.

(3.) LEARNED Standing Counsel appearing for the respondents, on the other hand, submitted that compassionate appointment is given to tide over immediate difficulties which the family of the deceased may face at the time of his death and, therefore, compassionate appointment cannot be granted after a period of more than 14 years.