ARJUN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Mohit Kumar, learned counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner is seeking compassionate appointment on account of death of his father on 27.6.1998 while he was posted as constable in civil police. The deceased employee had left behind his widow, one minor son i.e. petitioner and four minor daughters as his dependants. Petitioner being the eldest son of the deceased employee has applied for compassionate appointment on 6.7.2010 on attaining the age of majority. He was only 8 years old at the time of death of the deceased employee.

(3.) The application was rejected on the ground that the request for compassionate appointment has been made after 12 years of the death of employee. Further his mother i.e. widow did not apply for appointment. The family has overcome financial crisis. Moreover, the appointment on compassionate ground being in the nature of an exception to the general provisions, therefore, granting appointment to the petitioner would be against the scheme and spirit of such appointment. As the family has survived for a substantial period of 12 years, there was no necessity to favour the petitioner. It was also observed that the family receives income from six bighas of land apart from terminal benefits after death of the incumbent. It was found that there was no justification to relax the time limit of 5 years under first proviso to Rule 5 of Uttar Pradesh Recruitment of Dependants of Government Servants (Dying-in-Harness) Rules, 1974 ("the Rules 1974").