SUDHIR AGARWAL, J. - (1.) HEARD Sri Gyanendra Kumar Singh, learned Counsel for the petitioner and Sri Ajay Singh, learned Counsel for the respondents.
(2.) THE petitioner has challenged the order dated 25th February, 2005 passed by the Managing Director, U. P. State Road Transport Corporation, Lucknow, whereby the representation of the petitioner for compassionate appointment has been rejected on the ground of delay and barred by time. In brief, the relevant facts are that the petitioner's father, late Tribhuwan Singh, was a Class IV employee working on the post of Cleaner in the erstwhile Transport Department of the State of U. P. and subsequently transferred to U. P. State Road Transport Corporation, hereinafter referred to as 'UPSRTC', who died on 8th June, 1993. On the date of death of the petitioner's father, the age of the petitioner was only ten years since his date of birth is 3rd August, 1983. The mother of the petitioner, is stated in para 6 of the writ petition, informed the respondents that she has no interest in service after the death of her husband since she has to take care of her minor son who is the only dream of her future. Subsequently, it appears that the petitioner's mother sent a letter dated 8th December, 1997 (Annexure '1' to the writ petition) stating that the petitioner Is studying in Class VIII and is likely to appear in High School Examination in the year 1999, therefore, one vacancy for compassionate appointment may be reserved for her son which may be given in future. To the same effect, the petitioner's mother sent further reminder dated 2nd March, 1998 (Annexure '2' to the writ petition). The petitioner's mother sent a letter dated 18 -9 -1999 to the Regional Manager, UPSRTC, Gorakhpur stating that now her son has attained majority and, therefore, he may be considered for compassionate appointment according to his qualification i.e. High School failed in the year 1999. It appears that the office of the Regional Manager, UPSRTC, Gorakhpur made certain queries from the Service Manager, UPSRTC, Gorakhpur and the Assistant Regional Manager, UPSRTC, Basti regarding the service details of late Tribhuwan Nath Singh. The Service manager, UPSRTC, Gorakhpur sent letter dated 23rd October, 1999 to the Assistant Regional Manager, UPSRTC, Basti stating that in his office none of the representation of the petitioner's mother dated 8th December, 1997 and 2nd March, 1998 and 8th February, 1999 have been received and directed him to enquire into the matter and inform him accordingly. The petitioner's mother vide letter dated 9th October, 1999 informed that the letters dated 8th December, 1997, 2nd March, 1998 were sent under postal certificates addressed to Sri Ajai Singh, Regional Manager, UPSRTC, Gorakhpur while the letter dated 18th September, 1999 sent by registered post addressed to the Regional Manager, UPSRTC, Gorakhpur.
(3.) IN the meantime the petitioner passed High School examination in the year 2000 and thereafter, Tara Devi, the petitioner's mother sent another letter dated 29th July, 2000 addressed to Sri U. P. Singh, Regional Manager, UPSRTC, Gorakhpur requesting for compassionate appointment according to the qualification of the petitioner. The said letter was also sent by registered post. It further appears that the request of the petitioner's mother for compassionate appointment was attended by the respondents in as much as Assistant Regional Manager sent letter dated 18th August, 2001 furnishing all Information regarding late Tribhunwan Nath's service career and also stating that as per record of the UPSRTC, the legal heirs of late Tribuhwan Nath Singh on the date of his death Included his wife, one major married daughter Smt. Girija and other children who were minor. However, ultimately, the Managing Director considered the matter and rejected the claim of the petitioner's compassionate appointment vide order dated 25th February, 2002, Annexure '10' to the writ petition. The petitioner, thereafter, it is claimed that, still his mother sent further letters dated 17th April, 2002 and 8th June, 2004 requesting for reconsideration of the matter, and now has approached this Court challenging the order dated 25th February, 2002 and seeking a direction to decide her representation dated 2 -12 -1997, 2 -3 -1998 and 8 -2 -1999 instead of 18th September, 1999.;