- (1.) By means of this Special Appeal, the appellant has prayed for setting aside the judgment and order dated 9.5.2006 passed by Hon'ble Single Judge in Civil Misc. Writ Petition No.52038 of 2005, dismissing the writ petition of the appellant/petitioner.
(2.) In the case in hand, the appellant's father had been discharging duties as Manager with U. P. District Co-operative Bank Ltd, Allahabad and appellant's father disappeared on 11.6.1983. Appellant and his family members after waiting for some reasonable time applied for succession certificate presuming his civil death and it transpires that the succession certificate was issued on 22.2.1992 and subsequently thereafter the appellant applied for grant of compassionate appointment on 14.10.1997. Appellant's case was considered in the meeting held on 29.10.1997 and it was resolved to provide compassionate appointment to the appellant. However, when the appellant was asked to produce medical certificate, he appeared before the medical officer and obtained the certificate. Respondent no.3 i.e. Sachiv/Maha Prabandhak, U. P. Sahkari Sewa Sansthagat Sewa Mandal, Lucknow sent a letter to respondent no.2 i.e. Adyaksha, U. P. Sahkari Sewa Sansthagat Sewa Mandal, Lucknow for obtaining approval with regard to compassionate appointment of the appellant. Since then no action was taken, the appellant filed writ petition before the learned Single Judge. The learned Single noted that there is inordinate delay and the objective of providing compassionate appointment is to save the family which is in crisis but 23 years have elapsed after the father of appellant/petitioner has disappeared and, accordingly, dismissed the writ petition stating that there is no good ground for compassionate appointment after 23 years. Hence, this Special Appeal is before us.
(3.) Heard learned counsel for the appellant, learned counsel for the respondent as well as learned Standing Counsel and perused the record.;