- (1.) HEARD Mr.Ziauddin Khan, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has challenged the order dated 14th of November, 2007, passed by the State Government as also the order dated 14th of May, 2009 issued by the Inspector General of Police, Meerut.
(3.) BY means of order dated 14th of November, 2007 the State Government has rejected the petitioner's application for providing relaxation in moving the application for compassionate appointment, which has been communicated to the petitioner by means of another impugned order dated 14th of May, 2009 issued by the Inspector General of Police, Meerut. The matter of compassionate appointment in the office of the State Government is governed under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. Rule 5 of the Rules 1974 envisages the eligibility criteria for compassionate appointment; one of which is that the application for employment can be moved within five years of the date of death of government servant. The proviso to Rule 5 provides that where the State Government is satisfied that the time limit fixed for making the application for employment causes under 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. In the case on hand the petitioner's father died on 5.8.1999 while in service. Since at that time the petitioner was minor, he moved the application at first time on 25.11.2006 after attaining the age of majority for compassionate appointment. Since by that time about 7 years had passed from the date of death of his father the State Government has rejected the application being barred by time. Further it has also been observed that the family of the deceased is getting pension at the rate of Rs.3275/ - per month, which is sufficient for livelihood of the deceased's family members. Thus, it is evident that the State Government has calculated the period of limitation from the date of death, whereas the Rules invites the role of State Government to consider the application after expiry of five years from the date of death, as the period of five years has been provided to move such an application in ordinary course. So far as the payment of pension is concerned, it is settled law that the same cannot be the ground to deny the compassionate appointment. The Full Bench of this court had dealt with the same very aspect in the case of Shiv Kumar Dubey versus State of U.P. And others in Special Appeal No.356 of 2012 and other connected appeals and has also formulated the principles to govern the compassionate appointment under the Rules, 1974. On the point of providing relaxation in moving the application for compassionate appointment. The Full Bench of this court has held that "burden lies on the applicant, where there is a delay in making an application within the period of five years to establish a case on the basis of reasons and a justification supported by documentary and other evidence. It is for the State Government after considering all the facts to take an appropriate decision. The power to relax is in the nature of an exception and is conditioned by the existence of objective considerations to the satisfaction of the government. Thus, it is imperative for the State Government in consideration of the application to exercise its exceptional power to provide relaxation where the applicant is able to make out a case of undue hardship.;