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PRAKASH PADIA
Shivam Rajora – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Prakash Padia, J.
1. Heard Sri Vijay Gautam, learned Senior Counsel assisted by Sri Madhav Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
2. The petitioner has preferred present writ petition inter alia with the prayer to quash the order dated 8.2.2024 passed by the respondent No. 5.
3. The facts in brief as contained in the writ petition is that petitioner, whose father late Kushal Pal Singh was Inspector/Company Commander in P.A.C., died in harness on 25.4.2014, however at that very point of time petitioner was minor so he did not apply for compassionate appointment. He, though became major in 2020 but on account of the entire nation especially the State of U.P. being hit by pandemic Covid-19, he could not make any proper application. Accordingly, he moved an application for the first time on 14.7.2023.
4. A writ petition was filed by the petitioner being Writ A No. 18591 of 2023 (Shivam Rajora v. State of U.P. and others), which was disposed of on 6.11.2023. The order dated 6.11.2023 reads as follows:
Petitioner, whose father late Kushal Pal Singh
The court established that the State must consider delays in compassionate appointment applications and has the authority to relax age limits under justified circumstances.
The court established that delays in applications for compassionate appointments must be evaluated by the State, which has the authority to relax the five-year rule under justified circumstances.
Compassionate appointment claims must be made promptly; significant delays undermine eligibility and the purpose of immediate relief.
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 Sta....
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Compassionate appointment is an exception to recruitment rules, strictly bound by a limitation period for application, ensuring it addresses immediate financial crises.
Compassionate employment cannot be granted after a lapse of a reasonable period, and the purpose of compassionate appointment is to enable the family to tide over the sudden crisis which arises due t....
Compassionate appointments must be processed promptly, and undue delays can unjustly affect eligibility, warranting compensation for affected applicants.
Compassionate appointments must be applied for within five years of the government servant's death; delays undermine the purpose of such appointments.
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