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2025 DAILYLAW 46540 (ALL)

KUMARI BEENU v. STATE OF U.P. THRU SECY. AND 4 OTHERS

WRIA/35136/2014 · 2025-04-24

Saurabh Shyam Shamshery

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Judgment text

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Neutral Citation No. - 2025:AHC:63946 Court No. - 6 Case :- WRIT - A No. - 35136 of 2014 Petitioner :- Kumari Beenu Respondent :- State Of U.P. Thru Secy. And 4 Others Counsel for Petitioner :- Amit Pandey,Santosh Kumar Kesarwani,Vikas Chandra Srivastava Counsel for Respondent :- K. Shahi,Vikram Bahadur Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Santosh Kumar Kesarwani, learned counsel for the petitioner and Sri Brijendra Mani, learned Standing Counsel. 2. It may be a case of petitioner that since common impugned order dated 21.6.2014 was set-aside qua to number of aggrieved persons in Writ-A No.1105 of 2015 vide order dated 17.1.2015, with a further direction to consider individual cases on merit and therefore, it will also be applicable to petitioner. However, Court is of considered opinion that following undisputed factors are still against the petitioner for consideration on compassionate appointment at such a belated stage: (a) Petitioner's mother died in harness on 17.5.1996 i.e. about three decades ago. (b) Petitioner has applied for compassionate appointment way back in the year 2000 and this writ petition was filed in the year 2014. Petitioner has declared her age about 36 years when the impugned order was passed and now she must be around 46 years. (c) No specific averment is made in the writ petition that petitioner was still suffering from financial constraint. Even no such averment was made in this regard when some paragraphs were added by way of amendment on 1.8.2023 . 3. Even otherwise, Supreme Court in the case of Canara Bank Vs. Ajith Kumar G.K. (2025) INSC 184, has reiterated that compassionate appointment cannot be granted after such a long period i.e. about 3 decades, as the object of compassionate appointment is to tide over the immediate financial crisis as well as other crisis, be not exist at belated stage. 4. The petitioner is now married and staying along with her husband, whose occupation is service as per his affidavit filed along with an amendment application, therefore, it is not a case of any financial distress 5. There is no reason to interfere with the impugned order, so far as petitioner is concerned. Writ Petition is accordingly dismissed. Order Date :- 25.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad