Anil Kuamr Mishra vs The State of U.P.

Ritu Raj Awasthi, J.—Heard learned Counsel for the Petitioner as well as learned Standing Counsel.

Learned Counsel for the Petitioner submits that the father of the Petitioner, while in service on the post of Peon in the Collectorate, District Gonda, was murdered on 3/4.11.1998. The Petitioner at that time was minor and the mother of the Petitioner had re-married as such his guardian was his grand mother who had moved an application dated 02.11.2000 before the District Magistrate, Gonda with the prayer that on attaining the majority, the Petitioner may be considered for compassionate appointment as per his qualification.

It is further submitted that the Petitioner has attained the age of 18 years in the year 2007 and he immediately thereafter moved a representation dated 04.7.2007. However, the Petitioner has not been considered for compassionate appointment by the authorities till date.

It is also submitted that there is no bread earner in the family. The details of the family members have been given in the report dated 02.6.1999 by the District Magistrate, Gonda, copy of which is annexed as Annexure No. 5 to the writ petition.

Learned Standing Counsel submits that under the Dying in Harness Rules, the person claiming compassionate appointment shall make an application within five years from the date of the death of the Government employee.

Admittedly, the Petitioner was a minor as such he was not eligible to be considered for compassionate appointment within five years from the death of the his father.

It is further submitted by the learned Standing Counsel that unless and until, the exemption is granted by the State Government, the case of the Petitioner can not be considered.

Learned Counsel for the Petitioner in support of his contention has placed reliance upon a judgment passed by the Division Bench of this Court in the case of Vivek Yadav v. State of U.P. and Ors. reported in [(2010) 4 UPLBEC 2776], wherein it has been provided that the competent authority, after being satisfied on the basis of materials before it, shall grant exemption in such cases where the dependent of the deceased Government Servant claiming the compassionate appointment was minor at the time of death of the said Government Servant.

Be that as it may, this Court is of the view that the case of Petitioner is to be first looked into by the department itself.

In view of above, with the consent of parties'' counsel and without entering into the merit of the case, the writ petition is disposed of finally with the direction to the opposite party No. 2-District Magistrate, Gonda that the representation of the Petitioner dated 14.5.2010, copy of which is annexed as Annexure No. 6 to the writ petition, shall be considered and decided in accordance with law, relevant rules, regulations and the Government Orders, expeditiously, say within a period of four months from the date a certified copy of this order along with a copy of the representation is produced before him.