- (1.) The petitioner is challenging the order dated 30.7.2009, by which his application for compassionate appointment has been rejected. The petitioner's mother was an employee, who died on 26.5.2003 and after three years of the death of the mother, the petitioner moved an application for compassionate appointment on 8.9.2006. The respondent has considered the claim of the petitioner and has rejected the claim on the ground that 1) the petitioner moved the application after three years of death; 2) the petitioner is 39 years old; 3) the petitioner got Rs. 4,40,873/- towards the various benefits etc. and there was no financial crises; 4) all the three daughters have got married; and 5) the petitioner was not able to substantiate financial crises on account of the death of his mother.
(2.) I do find any error in the impugned order. First, the petitioner is challenging the impugned order after two years, secondly, the petitioner moved the application after three years from the date of death of his mother and thirdly, the petitioner is 39 years old and have received Rs. 4,40,4873/-. The compassionate appointment is exception to the general rules of recruitment. Therefore, it has to be considered strictly in accordance to rules and the principle laid down by the Court. It has been held by the Apex Court that compassionate appointment is given to meet immediate financial crisis arises on account of death of the deceased. Therefore, it is on the petitioner to make out a case that on the death of employee the financial crisis arose and the same continues.
(3.) Rule 5 of the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 provides for recruitment to a member of the family of the deceased which reads as follows: 5. Recruitment of a member of the family of the deceased-(1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules, if such person- (i) fulfils the educational qualifications prescribed for the post, (ii) is otherwise qualified for Government service, and (iii) makes the application for employment within five years from the date of the death of the Government servant: Provided that where the State Government is satisfied that the time-limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner. (2) As far as possible, such an employment should be given in the same department in which the deceased Government servant was employed prior to his death. Rule 5 (iii) of the aforesaid Rules, 1974 provides that the application for employment should be given within five years from the date of the death of the Government servant. The proviso gives power to the State Government to dispense with or relax the requirement in case if the State Government is satisfied that the time limit fixed for making the application for employment causes undue hardship in any particular case. Therefore, the time limit fixed for making the application can only be dispensed with or relaxed when the applicant makes out a case of undue hardship. Since the compassionate appointment is the exception to the general rule of recruitment the undue hardship should be construed strictly.;