- (1.) This intra-court appeal filed under Chapter VIII Rule 5 of the Rules of the Court has been preferred against the judgment of the learned Single Judge dated 06.05.2015 dismissing the appellant's writ petition no. 26006 of 2015 claiming compassionate appointment.
(2.) Facts are that the father of the petitioner, who was working as Collection Peon, died in harness on 03.09.1997. After about 11 years, the mother of the petitioner made an application dated 12.05.2008 seeking compassionate appointment for petitioner. When no final decision was taken in the matter, the petitioner approached this Court by filing writ petition. Learned single Judge relying upon various pronouncements of the Hon'ble Apex Court as well as Full Bench of this Court in Shiv Kumar Dubey Vs. State of U.P., 2014 2 ADJ 312 dismissed the writ petition on the ground that petitioner cannot be permitted to claim compassionate appointment after 11 years of the death of his father in 1997.
(3.) It is contended by the learned counsel for the appellant that at the time of death of his father, he was a minor and on attaining majority, application was moved by his mother, the delay, if any, is on the part of the respondents and the petitioner cannot be held responsible for the same. It is also submitted that after the death of sole bread earner, the family is facing financial hardship and being at the verge of starvation, the respondents are under bounded duty to consider and appoint the petitioner on compassionate ground.;