- (1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing of the State-respondents.
(2.) By means of the present writ petition, the petitioner is challenging order dated 26.8.2015 passed by respondent no.3, whereby claim of the petitioner for the grant of compassionate appointment has been rejected on the ground of delay.
(3.) Brief facts of the case are that the petitioner's father namely Yadvendra Yadav was appointed as Constable in Civil Police, U.P. and he died during employment on 20.9.2005 leaving behind his wife Smt Sushila Devi, two daughters Smt. Deepika Yadav (married) and Km. Diya Yadav and son Deepak Kumar (present petitioner). Consequently, the petitioner claimed appointment on compassionate ground before the respondent no.4 (Superintendent of Police, Azamgarh) through his mother Shushila Devi vide application dated 13.10.2009 stating therein that the applicant's son Deepak Yadav is studying in Class Xth; his date of birth is 2.7.1992; and therefore, he may be taken in employment on compassionate ground on attaining the age of 18 years. On the said application, an endorsement was made to take necessary action. Thereafter, a letter dated 25.2.2010 was issued from the office of the respondent no.4 addressing to the mother of the petitioner whereby he directed her to move an application after attaining the age of 18 years of the petitioner in accordance with law. Thereafter, on attaining 18 years of age and after completing academic qualification of Intermediate, an application dated 25.7.2012 was moved whereby he prayed to reopen the file no.412 of 2009 and make appointment of the petitioner on the post of Constable in Civil Police on compassionate ground, whereupon necessary documents were required like no objection certificate, death certificate, academic certificates etc. by the respondent Department and all these documents were made available in office of the respondent no.4. Thereafter, the petitioner approached the respondent-Department repeatedly, but no appointment was made despite the fact that the petitioner is fully eligible to hold the post. Then, he approached different Authorities for redressal of his grievance, but no action whatsoever was taken. The State Government on the recommendation of the Superintendent of Police, passed an order on 26.8.2015, whereby application of the petitioner has been rejected on the ground of delay. ;