Sunita Agarwal, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel.
(2.) THE petitioner claims to be son of late Preetam Singh Kashyap, an Assistant Teacher in Atmanand Jain Higher Secondary Education, Hastinapur, Meerut who died -in -harness on 20.11.2000. The petitioner is seeking consideration of his claim for compassionate appointment. The contention is that an application dated 8.1.2001 was moved by the petitioner's mother, widow of the deceased employee for consideration of claim on compassionate appointment of her children. An enquiry was initiated by the Additional District Magistrate (Administration) and a report was submitted before the District Inspector of Schools, Meerut, giving the name of heirs of deceased employee which includes the petitioner, Arvind Kumar. Another application was moved by the petitioner's mother on 19.2.2001. It is stated in paragraph '7' of the writ petition that the petitioner was minor at the time of death of his father and has attained majority on 7.7.2006. He has completed Intermediate in the year 2006. Soon after the petitioner has attained majority his mother has submitted an application on 13.7.2006 for consideration of claim of the petitioner, Arvind Kumar for compassionate appointment. Again another application was given by the widow of the deceased on 18.12.2008 that she was not mentally and physically fit and was unable to work in place of her husband and hence compassionate appointment be granted to the petitioner namely Arvind Kumar. Alongwith the application, an affidavit dated 17.12.2008 was submitted by the petitioner's mother. The other heirs of deceased employee have also given affidavit in favour of the petitioner on 18.8.2006 for grant of compassionate appointment. However, there has been no consideration. Due to inaction of respondent, the petitioner has been forced to file a writ petition.
(3.) A perusal of the application moved by the petitioner and stated to have moved by his mother Smt. Kishno Devi, it appears that a claim has been made that the petitioner is the only son of the deceased employee and his claim be considered for compassionate appointment. However, from the certificate dated 8.1.2001 submitted by the District Magistrate, Meerut to the District Inspector of Schools, Meerut, it appears that there are five heirs of the deceased employee namely Smt. Kisno Devi (wife), Smt. Mamta Devi (daughter), Ms. Samta (daughter), Rajnees (son) and Arvind Kumar another son, the petitioner. Admittedly , Rajneesh, Samta and Mamta Devi are elder to the petitioner. Further affidavit dated 18.8.2006 which finds place at page '34' of the paper book, it appears that Mamta daughter of the deceased was married. However, Ms. Samta was an unmarried daughter and moreover, Rajnees has been mentioned as daughter of the deceased employee. Whereas in the certificate given by the District Magistrate, Meerut indicates, Rajneess was mentioned as son of the deceased employee. The petitioner in the writ petition, nowhere gave details of the heirs of the deceased employee i.e. his father. The applications stated to have been filed by Smt. Kisno Devi, the widow of the deceased employee who stated that the petitioner is the only son of the deceased employee. The said statement does not appear to be correct.;