IMPORTANT POINT
Compassionate appointments are intended to provide immediate relief to families in financial distress following the death of a government employee, and all relevant factors must be considered in assessing such claims.

JUDGMENT :

Hon'ble J.J. Munir, J.

1. This writ petition is directed against the order dated 30.09.2023 passed by the District Cane Officer, District Sambhal and the resolution dated 25.09.2023 issued by the State Cane Service Authority (for short, 'the State Authority'), rejecting the petitioner's claim for compassionate appointment.

2. The petitioner's father was a Stock Clerk in the Establishment of the District Cane Officer, Chandausi, District Sambhal. He passed away in harness on 13.11.2011. The deceased was survived by his widow, a son and three daughters. It appears that the petitioner at the time of his father's demise was a minor. He moved an application, seeking compassionate appointment on 10.11.2020, after attaining the age of majority. On 11.01.2021, the District Cane Officer, Sambhal demanded some documents, which the petitioner provided on 25.10.2021. On 21.11.2021, the petitioner submitted some other documents to the District Cane Officer for the consideration of his claim. The petitioner claimed inaction on the respondents' part to consider his case for compassionate appointment and said that despite his requests to the respondents to pass necessary orders, no orders were made. Very recently, again it is pleaded that the petitioner made applications dated 21.02.2023 and 17.07.2023 before the District Cane Officer, urging his claim for a consideration for compassionate appointment, but to no avail. It is pleaded that the only source of livelihood for the petitioner and his father's family was the deceased’s salary. After his demise on 13.11.2011, neither compassionate appointment has been offered by the District Cane Officer to the petitioner nor post retiral dues released in his favour. He is on the verge of starvation. The respondents are sitting tight over the matter. It is on these pleadings that the petitioner initially sought a writ, order or direction in the nature of mandamus directing the Cane Commissioner, Lucknow, the District Cane Officer, District Sambhal to pass appropriate orders on the petitioner's application for compassionate appointment. This Court vide order dated 15.09.2023 issued a show cause notice to the respondents in terms of the following orders:

“The petitioner's father, who was a Stock Clerk in the office of the District Cane Officer, Chandausi, died in harness on 13.08.2011. The petitioner was a minor at the time of his father's demise. He applied for compassionate appointment on 10.11.2020.

Let the District Cane Officer, District-Sambhal file his personal affidavit within ten days showing cause why the petitioner's claim for compassionate appointment has not been considered so far.

Lay this writ petition as fresh on 03.10.2023.

Let this order be communicated to the District Cane Officer, District-Sambhal by the Registrar (Compliance) by Monday i.e. 18.09.2023.”

3. A counter affidavit was filed on behalf of respondent No.3 on 03.10.2023. Since it was not on record on that day, the matter was adjourned to 11.10.2023. A perusal of the counter affidavit shows that the State Authority has passed a resolution dated 25.09.2023, rejecting the petitioner's claim for compassionate appointment. This Court, accordingly, permitted the petitioner on 11.10.2023 to move an application, seeking to amend the writ petition and challenge the order dated 25.09.2023. An application for the purpose was moved in Court on 20.11.2023, which was taken on record and allowed by an order of the said date. A supplementary affidavit was then filed by the petitioner, in answer to which, a supplementary counter affidavit was filed in Court. The parties having exchanged affidavits, when the matter came up on 11.12.2023, it was admitted to hearing, which proceeded forthwith and concluded. Judgment was reserved.

4. Heard Mr. Rajesh Kumar Yadav, learned Counsel for the petitioner, Ms. Jhanvi Singh, Advocate holding brief of Mr. Ravindra Singh, learned Counsel appearing on behalf of the District Cane Officer, Sambhal and Mr. G