VIJAY KUMAR UPADHYAYA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this writ appeal against the order dated 14/5/2013 passed by the learned Single Judge of this Court in Writ Petition No. 8727/2012. Because the matter is in regard to consideration of the case of the appellant for compassionate appointment, hence, with the consent of the Government Advocate, this appeal is disposed of finally.

(2.) Father of the appellant was working as Rural Agriculture Extension Officer. He died on 22/6/1999. The appellant submitted an application for compassionate appointment on 17/2/2009, copy of which has been filed as Annexure P/2 with the writ petition, when he was aged about 19 years. The appellant was not given compassionate appointment. Then he filed a writ petition before this Court. He pleaded before the Writ Court that he was eligible to be considered for compassionate appointment in accordance with the Policy of the Government. The respondents resisted the claim of the appellant and they pleaded that father of the appellant was died on 22/6/1999 and the application of the appellant for compassionate appointment came up for consideration before the Authority on 11/11/2009, after a period of near about ten years, hence, the appellant was not eligible to be considered for compassionate appointment.

(3.) The learned Writ Court rejected the claim of the appellant for compassionate appointment on the ground that compassionate appointment could not be granted after considerable delay because the Authority has to give the deceased employee some relief to tide over sudden crisis. On arriving at the aforesaid finding, the learned Writ Court relied upon the judgment of Hon'ble the Apex Court in Sanjay Kumar Vs. State of Bihar, 2000 7 SCC 192 and two Division Bench decisions of this Court in Beni Lal Bamney Vs. Union of India, 2003 1 MPLJ 342 and Riazuddin Khan Vs. State of MP, 2005 4 MPLJ 575.