Manoj Kumar Gupta, J. - (1.) Heard counsel for the petitioner, learned standing counsel for respondents 1, 2, 3 and 6 and Sri Sanjay Kumar Singh for respondents 4 and 5. With their consent, this writ petition is being disposed of finally without inviting a formal counter affidavit.
(2.) By impugned order dated 15 February 2016, the first respondent has informed the Director, Basic Education, U.P. Lucknow and the Secretary, Basic Shiksha Parishad, U.P. Allahabad about rejection of the request made by the petitioner for condonation of delay in filing application under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 The Rules while seeking appointment on compassionate basis. The impugned order refers to the decision of the Supreme Court in the case of Umesh Kumar Nagpal v. State of Haryana and others 1994 SCC (L &S) 930 wherein it is held that the object of compassionate appointment is to enable the family to get over the financial crisis which it faces at the time of death of the sole breadwinner. Consequently, compassionate appointment cannot be claimed or granted after lapse of time and after the crisis is over. Reference has also been made to another decision of the Supreme Court in Sanjay Kumar v. State of Bihar and others SLP (C) No. 12876 of 2000 decided on 28.8.2000 , wherein claim of a minor seeking employment on compassionate basis, after attaining majority, has been rejected. It has been observed that there cannot be reservation of a vacancy till the applicant becomes a major and thus, in the absence of any specific provision, claim of such person should not be considered.
(3.) Apart from referring the aforesaid two decisions of the Supreme Court, it has further been held that the mere fact that the petitioner was a minor when her father died, is not sufficient to condone the delay. It has further been observed that some other dependent of the deceased could have filed the application earlier.;