- (1.) HEARD learned counsel for the petitioner, learned counsel for the Basic Education Officer, learned Standing Counsel and perused the record.
(2.) THE present writ petition has been filed with a prayer to issue a writ of certiorari to quash the impugned order dated 21.11.2006 passed by respondent no.1, Joint Secretary, U.P. Government, Lucknow and to direct the respondents to give appointment to the petitioner (on the post of clerk) on compassionate ground. The case of the petitioner is that the father of the petitioner late Ram Chandra Verma was working as Assistant Teacher at Primary School Jigani, Kshiksha Kshetra, Garhwar, district Ballia, who expired on 31.5.1995 leaving behind his wife Smt. Jalesari, mother of the petitioner and two minor daughters including the petitioner namely Km. Saroj Verma and Km. Suman Verma. At the time of death of father of the petitioner she was aged about 11 years and her younger sister was aged about 6 years. His wife was suffering from serious disease and repeatedly she used to become unconscious. She was also illiterate lady due to these reasons, she has not applied for compassionate appointment, in place of late Ram Chandra Verma, father of the petitioner. The petitioner and her sister were minor hence after attaining majority and after passing the inter examination, the petitioner, whose date of birth is 1.3.1985 applied for appointment in primary school on compassionate ground, on the post of Assistant Teacher, as she was eligible for that. The application was given on 17.8.2003. The letter was also sent to the Finance Minister, State of U.P. on 8.9.2006. However, application of the petitioner was rejected by impugned order dated 22.11.2006 passed by Joint Secretary, State of U.P., Lucknow, merely on the ground that application was given after five years from the date of death of father of petitioner and there was no ground for relaxation of period.
(3.) LEARNED counsel for the petitioner submitted that the mother of the petitioner is still under treatment of serious illness. The application of petitioner as well as mother of the petitioner was sent. Thereafter, several representation and reminders along-with subscription and medical opinion regarding treatment of the mother of petitioner was also sent mentioning that the family of late Ram Chandra Verma was still in financial crisis and there was no sufficient income to overcome the financial crisis. In view of the provision the relaxation in the period of limitation should have been given. Hence the impugned order is liable to be set aside and the direction be issued for appointment of the petitioner.;