Decided on October 01,2007

Amit Nagar Appellant
Ministry of Cane Development and Ors. Respondents


Prafulla C. Pant, J. - (1.)BY means of this writ petition moved under Article 226 of the Constitution of India, the Petitioner has sought writ in the nature of mandamus commanding the Respondents to appoint the Petitioner on compassionate ground.
(2.)HEARD Sri K.S. Bhaskar, learned Counsel for the Petitioner, learned Standing Counsel for Respondents No. 1 to 5 and Smt. Bina Pande, learned Counsel for Respondent No. 6.
Brief facts of the case are that Petitioner's father Vishwanath Nagar was a Senior Clerk in Cane Development Department of the State Government. He died in harness on 08 -06 -1992. Petitioner was minor at the time of death of his father. As such, he could not seek the appointment before attaining age of majority. In para 8 of the writ petition, it is stated that Petitioner's mother (Nirmala Nagar) moved an application seeking compassionate appointment, which was duly forwarded to the authorities concerned. From the writ petition, it is not clear that what happened to the said application moved by the Petitioner's mother. On 05 -11 -1998, Petitioner moved an application for his appointment on compassionate ground. Said application was also forwarded by District Cane Officer, Udham Singh Nagar to Additional Cane Commissioner (Administration), Lucknow, vide his letter dated 25 -11 -1998. It is stated that when nothing was heard from authorities at Lucknow, even after several reminders being sent, this writ petition is filed in the year 2004 for seeking writ in the nature of mandamus commanding Respondents to appoint the Petitioner on compassionate ground.

(3.)RESPONDENTS No. 2 and 3 have filed their joint counter affidavit, in which para 1 to 6 of the writ petition are not denied. It is stated that the Petitioner's father Vishwanath Nagar was serving as a Senior Clerk in the Cane Development and died on 08 -06 -1992. Referring to Government Order KarmikAnubhag -2 No. 6/12/73 -Ka -2/93, dated 16th April 1993, it is stated that the application could have been entertained only within five years of death of the Government servant. The Petitioner moved his application after the period of five years. It is admitted that request for relaxation of the period of five years was also made to the Government, but the same was not allowed.

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