Point of Law : It is true that the Rule, 1974 provides that if the application for compassionate appointment is submitted after five years, the competent authority is obliged to forward it to the State Government to consider the claim of compassionate appointment who is under obligation to consider the same, but the application has to be submitted within a reasonable time after the expiry of the period prescribed for submitting such application specifying the reasons for the delay in submitting the application.

JUDGMENT :

Saral Srivastava,J.

1. Heard Sri Kailash Singh Kushwaha, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondent no.1, and Sri Sanjay Kumar Srivastava, learned counsel appearing for respondents no.2,3 and 4.

2. The petitioner, through this writ petition, has prayed for the following reliefs:

"(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.3 to provide compassionate appointment to the petitioner without any further delay.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 either to take appropriate and necessary decision on the reference made by respondent no.3 by letter dated 27.12.2011 followed by reminder dated 30.04.2013 and 04.03.2021 for providing compassionate appointment or to refer the matter to the State Government f through proper channel forthwith.

(iii) Issue any other writ, order or direction as this Hon’ble Court may deem fit and proper under the facts and circumstances of the present case.

(iv) Award the costs of the petition in favour of the petitioner.“

3. The case of the petitioner is that the father of the petitioner Late Satya Pal Singh was an Assistant Teacher in Primary School Jagra, Block Nidhauli Kala, District Etah, who unfortunately died on 16.3.2006. After his death, the mother of the petitioner applied for compassionate appointment on 3.1.2011. The application of the mother of the petitioner was processed, she was asked to submit an application in the prescribed format. Thereafter, respondent no.4 forwarded the application of the mother of the petitioner along with its recommendation for compassionate appointment to respondent no.3 on 27.12.2011. Since the mother of the petitioner applied after five years from the date of death of his father, therefore, the respondent no.3 referred the application of the mother of the petitioner vide letter dated 27.12.2011 to respondent no.2 for grant of relaxation in time for the delay in submitting the application.

4. It appears that no decision was taken on the application of the mother of the petitioner for the compassionate appointment.

5. It further transpires from the record that when no decision was taken on the application of the mother of the petitioner, she withdrew her application and requested the appointment of her son Sachin Yadav in her place. The District Basic Education Officer, Etah vide letter dated 4.3.2021 forwarded the application of the petitioner for compassionate appointment to the Secretary, U.P. Basic Shiksha Parishad, Prayagraj, for grant of relaxation in time as the petitioner has submitted the application after five years from the date of death of his father. In the aforesaid backdrop, the petitioner has prayed for the relief extracted above.

6. Learned counsel for the petitioner submitted that Para-8 of the Government Order dated 4.9.2000 provides for seeking necessary approval of the State Government where the application for the compassionate appointment has been submitted after five years from the date of death of the deceased employee, and the State Government is under obligation to consider the application of the petitioner for grant of relaxation for the delay in submitting the said application. Accordingly, he submits that the action of the respondents in not considering the application of the petitioner is illegal. He further contends that whatever delay has occurred, the same has occurred on account of inaction on the part of the respondents in not considering the application of compassionate appointment of his mother in time, therefore, the petitioner is entitled to relaxation in limitation for grant of appointment on compassionate ground.

7. In support of the contention, he has placed reliance upon two judgments of this Court in the cases of Madhav Prasad Shakya Vs. State of U.P. and others reported in 2018(11) ADJ 198 and Vishal Saini Vs. State of U.P. and others reported in 2021 (3) ADJ 74 (LB