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2006 DIGILAW 831 (ALL)

Vinit Panchori Bhagwan Swaroop Panchori v. State of Uttar Pradesh through Secretary, Uttar Pradesh Transport Nigam, General Manager

2006-03-24

RAKESH TIWARI

body2006
RAKESH TIWARI, J. ( 1 ) THE case has been taken up in the revised list. Heard Sri Sameer Sharma, learned Counsel for the U. P. State Road Transport Corporation, and the learned Standing Counsel. ( 2 ) THE petitioner has prayed for a writ in the nature of mandamus commanding the respondent no. 2 to give him appointment on the post of Conductor (Parichalak) in the respondent - U. P. State Road Transport Corporation on compassionate ground or issue any other writ, order or direction which this Court may deem fit and proper in the circumstances of the case. ( 3 ) THIS writ petition has been filed praying for issuance of a direction to the General Manager, u. P. State Road Transport Corporation, respondent No. 2, to grant appointment to the petitioner on the post of Conductor. ( 4 ) THE case in nutshell is that the father of the petitioner was a conductor in the U. P. State Road transport Corporation. He died in harness on 27. 11. 1989. The petitioner having got education up to Intermediate and attained majority in the year 1998, the mother of the petitioner moved an application in 1999 for appointment of the petitioner on compassionate ground. The petitioner also submitted an application contained in Annexure 2 to the writ petition for his appointment on compassionate ground to respondent No. 2 which remains unactioned till date, hence this writ petition. ( 5 ) IT is apparent that the family of the deceased Bhagwan Swaroop Penchori is not in indigent circumstances. He has expired in the year 1989. Thereafter the widow of Sri Bhagwan Swaroop penchori brought up the petitioner and gave him education until he attained majority. She did not unmediately apply for appointment of any of the eligible member of her family under the Uttar pradesh Dependents of Government Servants Dying in Harness Rules, 1974 which is an indicator that the family was not in immediate need of financial assistance and was not in indigent circumstance. The object of the Uttar Pradesh Dependents of Government Servants dying in Harness Rules, 1974 is to give appointment to an eligible member of the family of the deceased in a case where the family cannot subsist without employment being given and the family is in indigent circumstance requiring immediate financial help. The object of the Uttar Pradesh Dependents of Government Servants dying in Harness Rules, 1974 is to give appointment to an eligible member of the family of the deceased in a case where the family cannot subsist without employment being given and the family is in indigent circumstance requiring immediate financial help. The appointment under the aforesaid rules cannot be claimed as a matter of right and each case has to be determined on its own peculiar circumstances. Moreover, the Court cannot direct for granting appointment to a dependant of the deceased employee after more than 17 years of death of the employee merely because the children were minor, No such right can be reserved till a minor at the time of death of the bread earner in the family attains majority. In that event, it is incumbent upon the eligible member whether wife of the deceased or any other member of the family to apply within time for consideration of appointment. The appointment under the Uttar Pradesh Dependents of government Servants Dying in Harness Rules, 1974 is not a door of Employment Exchange where every person can be considered irrespective of the circumstances of the case. ( 6 ) FOR the aforesaid reasons the writ petition is dismissed. No order as to costs. . .