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Allahabad High Court · body

2015 DIGILAW 3390 (ALL)

Hemant Kumar v. State of U. P.

2015-10-29

D.Y.CHANDRACHUD, YASHWANT VARMA

body2015
JUDGMENT The mother of the appellant was employed as a class-IV employee in the Nagar Palika Parishad, Lalitpur. She died in harness on 6 February 2010. The appellant made an application for the grant of compassionate appointment nearly five years thereafter on 4 February 2015. The application was rejected on 21 May 2015 by the Executive Officer, Nagar Palika Parishad on the ground that the father of the appellant is engaged in the Collectorate and hence, there was no case of financial hardship. The learned Single Judge has dismissed the writ petition seeking to challenge the order passed by the Executive Officer and seeking compassionate appointment. 2. Besides a bald averment that the father of the appellant was not taking care of the appellant and his two daughters, nothing was indicated to the effect that the appellant was truly dependent on the employment of the mother. Moreover, the application was filed nearly five years after the death of the mother. 3. The minority of the appellant can be no answer since compassionate appointment is not a reservation of a post in public employment. We may also note that under Rule 5 of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, a provision has been made for the grant of compassionate appointment where a government servant has died in harness and the spouse of the deceased government is not already employed under the Central or the State Government or a Corporation owned or controlled by them. 4. In the present case, having regard to the fact that the father of the appellant is an employee in the Collectorate, no case for the grant of compassionate appointment is made out. 5. The special appeal is hence dismissed. There shall be no order as to costs.