Back
IN THE HIGH COURT OF ALLAHABAD
S. N. Srivastava, J.
GYANENDRA KUMAR - Appellant
Versus
STATE OF U. P. - Respondents
Civil Misc. Writ Petition 18093 Of 2003
Decided On : 07/08/2003
Recruitment - Compassionate Appointment - U.P. Recruitments of Dependents of Governments Servants Dying-in-Harness (Vth amendment) Rules, 1999 - Rule 5
Fact of the Case:
The petitioner's application for compassionate appointment under the Recruitment of Dependents of Government Servants Dying-in-Harness rules, 1974 was rejected as time-barred, as it was filed after a delay of more than 19 years from the death of the government servant.
Finding of the Court:
The court found that the application for compassionate appointment was rightly rejected as being inordinately belated and time-barred, and that there was no justification for relaxing the time-limit as envisaged in the rules. The court also emphasized that compassionate appointment is meant to help the family tide over a sudden crisis and cannot be claimed after an unreasonable lapse of time.
Issues: The main issue was whether the petitioner's application for compassionate appointment, filed after a delay of more than 19 years, should be considered and whether the time-limit for making such applications should be relaxed in this case.
Ratio Decidendi: The court held that compassionate appointment cannot be claimed after an unreasonable lapse of time and that the time-limit for making such applications should not be relaxed without justification. The court also emphasized that compassionate appointment is meant to help the family tide over a sudden crisis and cannot be exploited by the deceased family to its advantage at any point in the future.
Final Decision: The petition was dismissed, and no costs were awarded to either party.
( 1 ) PRESENT petition has its genesis in the order dated 23. 10. 2001 passed by the Uttar Pradesh sahkari Ganna Samiti Sangh Limited, Lucknow whereby application of the petitioner for appointment under Recruitment of Dependents of Government Servants Dying-in-Harness rules, 1974 wrecked on disapproval on the ground of it being time-barred under Recruitment of dependents of Governments Servants Dying-in-Harness (Third Amendment) Rules, 1993.
( 2 ) THUMBNAIL sketch of the necessary facts is that one Anang Pal Singh father of the petitioner who was serving as Seasonal Clerk in Sahkari Ganna Samiti Sangh Limited, Durala, District meerut and had put in 19 years of service, breathed his last on 28. 9. 1981 and application for compassionate appointment was preferred on 30. 3. 2001 i. e. , after an interregnum of more than 19 years. The explicatory plea of the petitioner is that at the time of death of his father, he was minor and having passed High School Examination in the year 1998, he applied for appointment by means of the application aforestated. From a perusal of the record, it would appear that on receipt of the application, the respondent No. 4 marked the application for onward transmission to the respondent No. 3 who in turn dispatched the same to respondent No. 2. By means of letter dated 19. 5. 2001, the respondent No. 3 sought guidance from respondent No. 2 in the matter relating to compassionate appointment and by means of the order dated 23. 10. 2001, the application of the petitioner was turned down as being time-barred. It is this order the validity of which has been canvassed in the instant petition.
( 3 ) I have heard Sri Shashi Nandan for the petitioner and Sri Amit Kumar holding brief of Sri. P. M. N. Singh, learned Counsel for the Opp. Parties 2 and 4.
( 4 ) BEFORE dwelling on the respective merits of the submission made across the bar, relevant Rule i. e. , U. P. Recruitments of Dependents of Governments Servants Dying-in-Harness (Vth amendment) Rules, 1999 as germane to the controversy involved in this petition may be excerpted below.
"5. Recruitment of a member of the family of the deceased.- (1) In case a Government servant dies in harness after the commencement of these Rules and the spouse of the deceased government servant is not already employed under the Central Government or State government or a Corporation owned or controlled by the Central Government or a State government, one member of his family who is not already employed under the Central government or a State Government or a Corporation owned or controlled by the Central government or a State Government shall on making an application for the purposes be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person:- (i) fulfills the education qualifications prescribed for the post; (ii) is otherwise qualified for Government service; and (iii) makes the application for employment within five years from the date of the death of the government servant : provided that where the State Government is satisfied that the time-limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "
( 5 ) FROM a perusal of the aforestated Rules, it brooks no dispute that the application should have been preferred within a span of five years and in any particular case where the State Government is satisfied that the time limit fixed for making the application for employment results in any undue hardship it may dispense with or relax the requirement as it may consider necessary for dealing with the case
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
