- (1.) HEARD Sri Rishi Bhushan Jauhari, Advocate, holding brief of Sri B.B. Jauhari, learned counsel for petitioner; learned Standing Counsel for respondents, and perused the record.
(2.) PETITIONER has sought a mandamus commanding the respondents to appoint him on compassionate basis under Rule 5 of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "Rules, 1974"), after relaxing the requirement of five year from the date of death of deceased employee.
(3.) PETITIONER 's father, Late Rakesh Kumar Saxena, was working as Sahayak Basil Baqi Navis at Tehsil Dataganj, District Budaun and died on 6.12.1992. His mother also unfortunately died a few days earlier to his father's death, i.e., on 15.11.1992. The deceased parents left behind the petitioner, Vikram Raj Saxena, and three other sons, namely, Aditya Raj Saxena, Nirbhay Raj Saxena and Shakti Raj Saxena, who were all minor on the date of death of deceased employee, Rakesh Kumar Saxena. It is said that one of the sons, Aditya Raj Saxena, also died on 16.6.1994. The age of petitioner at the time of death of his father was about 15 years and other sons were around 10 years, 7 years and 4 years. Petitioner's Uncle Yogesh Kumar Saxena, who was guardian and caretaker of petitioner and his brothers, made an application on 26.12.1995 to District Magistrate, Budaun requesting him to keep a vacancy of Clerk reserved for compassionate appointment of petitioner which may be allowed to him after he attains requisite qualification and majority. Though petitioner attained majority on 31.12.1995 (the date of birth being 31.12.1977), but since could complete is education upto Class 9th only, therefore, by letter dated 18.1.1996, he requested the Commissioner to allow him to submit application for compassionate appointment after he acquires education upto Intermediate so as to claim appointment on the post of Clerk instead of a Class 4th post. For the first time, on 10.2.1999 petitioner submitted an application in which he showed his educational qualification upto Class 9th but submitted another application on 4.6.1999 in which he claims his educational qualification upto Intermediate and sought compassionate appointment which was declined by District Magistrate, Budaun by order dated 5.7.1999 on the ground that it is more than five years from the date of death of petitioner's father and after such a long time, compassionate appointment is not to be provided. Thereafter another application was submitted by petitioner on 14.12.1999 and some reminders were also sent but the same remained unattended, hence, this writ petition. It is evident from the record that petitioner's application for compassionate appointment was turned down by District Magistrate, Budaun as long back as on 5.7.1999 vide Annexure -5 to the writ petition. The said order is not under challenge. This writ petition has been filed in 2002, i.e., after almost nine and half years from the date of death of petitioner's father. Petitioner, though lost both his parents and has been taken care by his Uncle, but did not find any compelling hardship showing that he and his family members were in penury so as to claim employment at least immediately on attaining majority. Instead, he was in a position to wait till he attains appropriate qualification for claiming a Class III post and not a Class IV post. Petitioner was more interested in getting employment with a particular status and there was no attempt on his part to seek compassionate appointment for the purpose of providing immediate financial assistance to his family, if it was in penury. It shows that basic reason for which petitioner was claiming compassionate appointment was an appointment founded on mere succession, and, that too, with a status and not to satisfy the basic objective, i.e., to provide immediate succour to bereaved family, suffering penury, due to sudden demise of sole bread earner.;