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2006 Supreme(All) 14

S.RAFAT ALAM, SUDHIR AGARWAL
ABHIMANYU RATAN BHARDWAJ – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

By the Court—This special appeal arises from the order of the Hon’ble Single Judge of this Court dated 17.11.2005 dismissing the appellant’s writ petition No. 70738 of 2005 claiming compassionate appointment against class III post.

2. Learned counsel for the appellant contended that since the appellant has Intermediate qualification, he is entitled to be given appointment against Class III post. We do not find any force in the submission.

3. Admittedly, the father of the appellant died on 20.3.1999. At that stage the appellant was minor and was undergoing education in school. For the first time, his mother moved application on 16.2.2004, requesting the respondents to provide compassionate appointment to her son namely, the appellant showing his qualification as high school passed. Admittedly, on the said date, the appellant was not having Intermediate qualification. It appears that subsequently in the year 2004 the appellant passed intermediate examination and thereafter submitted another application dated 19.7.2004, seeking compassionate appointment in clerical cadre. Under the Rules the application for compassionate appointment ought to have been filed within five years fro











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