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2025 DAILYLAW 58436 (ALL)

RAJAN KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/6703/2025 · 2025-05-15

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81041 Court No. - 4 Case :- WRIT - A No. - 6703 of 2025 Petitioner :- Rajan Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gulab Kumar Bharatiya,Shailesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Shailesh Kumar Tiwari, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction for concerned competent respondent no. 3 to decide the claim of the petitioner for compassionate appointment. Learned Standing Counsel submits that petitioner may not be entitled for compassionate appointment for thee reason that his mother is already in employment of Central Government at Ordinance Depot, Cheoki. It is further submitted that petitioner has approached this Court after more than a decade as his father had died on 12.04.2011. Upon a pointed query, learned counsel for the petitioner could not dispute the aforesaid facts. In view of the above, in my considered view, petitioner is not entitled for compassionate appointment in the light of relevant Rule 5 of U.P. Government Servants (Dying in Harness) Rules, 1974. Besides the above, I find that petitioner has approached this Court after a lapse of more than 10 years. The object behind the compassionate appointment rule is to provide immediate succour to the bereaved family who has suffered loss due to sudden death of bread earner of the family. If the family has survived for more than 10 years, that compassion cannot be shown to the family as family has come out from that particular grimful situation that it had at the time of death of sole bread earner of the family. In view of the above, I decline to grant indulgence in the matter. Petition is according dismissed. Order Date :- 16.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad