- (1.) THIS special appeal arises from the order of the Hon'ble Single Judge of this Court dated 17.11.2005 dismissing the appellant's Writ Petition No. 70738 of 2005 claiming compassionate appointment against Class III post.
(2.) LEARNED Counsel for the appellant contended that since the appellant has Intermediate qualification, he is entitled to be given appointment against Class-III post. We do not find any force in the submission. Admittedly, the father of the appellant dies on 20.3.1999. At that stage the appellant was minor and was undergoing education in school. For the first time, his mother moved application on 16.2 2004, requesting the respondents to provide compassionate appointment to her son namely, the appellant showing his qualification as High School passed. Admittedly, on the said date, the appellant was not having Intermediate qualification. It appears that subsequently in the year 2004 the appellant passed Intermediate examination and thereafter submitted another application dated 19.7.2004, seeking compassionate appointment in clerical cadre. Under the Rules the application for compassionate appointment ought to have been filed within five years from the date of death of the deceased and in the present case the period of five years expired on 19.3.2004 on which date, admittedly, the appellant was not possessing Intermediate qualification. It is in these circumstances that the application was submitted on behalf of the appellant through his mother on 16.2.2004, requesting for compassionate appointment on the basis of qualification possessed by the appellant on the said date. Considering these facts the Special Secretary, U.P. Government vide letter dated 4/5.4.2005 (Annexure 6 to the affidavit filed in support of the stay application) informed the District Magistrate, Mahamaya Nagar that the claim of the appellant for compassionate appointment be considered on the basis of the qualification he possessed on the date of first application i.e., 16.2.2004. We do not find any error in the view taken by the Government in the aforesaid letter.
(3.) LEARNED Counsel for the appellant placed reliance on a Division Bench judgment of this Court in the case of Hiraman v. State of U.P. and others, 1994 (1) ESC 385 (All) and contended that the compassionate appointment is liable to be considered on the basis of qualification possessed by the legal heirs, claiming compassionate appointment and if he possesses the qualifications, requisite for appointment in Class III post, he is entitled to be considered for Class III post instead of Class IV post. The facts of the aforesaid case are totally different inasmuch as there was a vacancy on the post of clerk against which one Karunesh Kumar Srivastava, whose father, who was working as Assistant Teacher in Nehru Intermediate College, Semari Sukrauli, Post Officer Sikrauli, District Deoria, expired, but in spite of direction issued by the District Inspector of Schools the management did not appoint him as clerk but appointed him as peon. Karunesh Kumar Srivastava represented the matter to the District Inspector of Schools and during the pendency of his representation joined college as peon on 17.5.1990. Subsequently, the management in order to frustrate the claim of Karunesh Kumar Srivastava sought to promote a daftari. Karunesh Kumar Srivastava approached this Court by filing writ petition, which was allowed by the Hon'ble Singe Judge quashing the order of appointment on the post of said daftari namely, Hiraman and a mandamus was issued directing to appoint Karunesh Kumar Srivastava on the post of clerk with effect from 12.5.1990 i.e., the date since when he was appointed as peon. Hiraman filed special appeal against the aforesaid judgment of Hon'ble Single Judge, but the same was dismissed by the Division Bench vide judgment dated 10.12.2003. Thus, the same is not applicable to the facts of the present case.;