KRISHNA KANT PATEL Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2011-9-487
HIGH COURT OF ALLAHABAD
Decided on September 14,2011

Krishna Kant Patel Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) THE Petitioner has sought the quashing of the order dated 23rd August, 2011 by which his application for grant of compassionate appointment has been rejected on the ground that the application was filed with delay.
(2.) IT is stated that the father of the Petitioner died in harness on 25th July, 1998 while working as Assistant Teacher in Primary School Baharpur, Jaunpur and the Petitioner was then a minor. After attaining majority, the Petitioner moved an application before the District Basic Education Officer, Jaunpur on 25th November, 2004 for giving compassionate appointment under The Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 (hereinafter referred to as the 'Rules') but such application has been rejected by the order dated 23rd August, 2011. Learned Counsel for the Petitioner submitted that when the father of the Petitioner died in harness, he was a minor and, therefore, could not have claimed appointment and after attaining majority the application was filed before the Respondents seeking compassionate appointment. It is, therefore, his submission that the authorities should have taken a lenient view of the matter and should have condoned the delay in filing the application.
(3.) LEARNED Standing Counsel appears for Respondent No. 1 and Sri P.K. Bhardwaj appears for Respondent Nos. 2, 3 and 4.;


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