- (1.) HEARD learned counsel for parties. The petitioner has claimed mandamus, directing respondent no. 2 to take appropriate decision on his representation dated 26.5.2009 for grant of compassionate appointment. Father of petitioner, late Dharam Pal Singh, was a Constable, who died in harness on 3.6.1997. The petitioner was then aged about 11 years. His mother submitted an application that petitioner be granted appointment upon attaining majority. Petitioner attained majority in 2005. On 26.5.2009, he represented before the authority concerned for grant of compassionate appointment, followed by an application under R.T.I Act on 17.10.2010, which went unattended, hence this petition.
(2.) THE sole purpose of extending compassionate appointment is to provide immediate financial support and succour to the family of deceased. It is undisputed that at the time of death of deceased, petitioner was aged around 11 years.
(3.) RULE 5 of U.P. Recruitment of Dependants of Government Servants (Dying in Harness) Rules, 1974 reads as under: - "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) fulfills 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. Provided further that for the purpose of the aforesaid proviso, the person concerned shall explain the reasons and give proper justification in writing regarding the delay caused in making the application for employment after the expiry of the time limit fixed for making the application for employment alongwith the necessary documents/proof in support of such delay and the Government shall, after taking into consideration all the facts leading to such delay take the appropriate decision. (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. (3) Every appointment made under sub -rule (1) shall be subject to the condition that the person appointed under sub -rule (1) shall maintain other members of the family of deceased Government servant, who were dependent on the deceased Government servant immediately before his death and are unable to maintain themselves. (4) Where the person appointed under sub -rule (1) neglects or refuses to maintain a person to whom he is liable to maintain under sub -rule (3), his services may be terminated in accordance with the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, as amended from time to time." The Full Bench of this Court in the case of Shiv Kumar Dubey and others v. State of U.P. and others, 2014 2 ADJ 312, had an occasion to consider the scope and impact of Rule 5 (1)(iii) of the Rules, wherein it is provided that an application for employment is to be filed within five years from the death of a government servant, but the 1st proviso appended thereto enables the State Government that in case it is satisfied that the time limit for making an 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. The 2nd proviso further provides that the person concerned shall explain the reasons and give proper justification in writing regarding the delay caused in making the application for employment after the expiry of the time limit along with necessary documents/proof in support of such delay and the Government shall after taking into consideration of the facts leading to such delay take the appropriate decision.;