- (1.) Petitioner's brother, who was in employment, is stated to have died in harness on 13.2.1998. On the date of his death, it is claimed that deceased was unmarried. An application for grant of compassionate appointment has been filed by the petitioner on 23.12.2010 alleging that he was born on 1.1.1992 and was minor on the date of his brother's death, and that within a year of attaining majority, he has moved the application for grant of compassionate appointment. Such application has been rejected by the State of U.P. on the ground that on the relevant date unmarried brother was not a part of the family, as defined under section 2-C of the Rules of 1974, and consequently, the claim is not maintainable.
(2.) Learned counsel for the petitioner submits that immediately after petitioner has attained age of majority, he has filed application and in the facts and circumstances of the case, petitioner was entitled to grant of compassionate appointment. Reliance has been placed upon a decision of this Court in Umesh Chandra Sharma vs. State of U.P. and others, 2006 1 AWC 273, wherein it has been observed that petitioner therein was a minor on the date of death of the deceased and that an application was moved after attaining age of majority, which was required to have been considered and the order of the State Government suffered from non application of mind.
(3.) Prayer made in the writ petition is opposed by learned Standing Counsel, as well as learned counsel appearing for the respondent no.3 and 4 on the ground that a claim for grant of compassionate appointment is not liable to be considered, even otherwise, as nearly 12 years had lapsed on the date of filing of the application, and that law is otherwise settled that compassionate appointment cannot be claimed as a matter of right.;