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2025 DAILYLAW 76826 (ALL)

ADITYA RAJ v. STATE OF U.P. AND 3 OTHERS

WRIA/10431/2025 · 2025-07-24

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122549 Court No. - 5 Case :- WRIT - A No. - 10431 of 2025 Petitioner :- Aditya Raj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. The petitioner is harping on a lost legal battle. It is not under dispute that father of petitioner died-in-harness way back on 04.07.2007 i.e. about 18 years ago. The petitioner has claimed that her mother has applied for compassionate appointment way back in the year 2008, however, her application was not considered and no decision was taken. It is not under much dispute that petitioner's mother has not taken any steps to agitate his right and she remained silent. Sri Akhilesh Kumar Tiwari, learned counsel for petitioner has tried to convince this Court as soon as petitioner became major in the year 2022, he has approached the concerned respondent to consider his case for compassionate appointment, however, it was wrongly rejected by an order dated 29.11.2022 on ground that it ought to have been submitted within 5 years of death of his father. The aforesaid factual aspect has not been under disputed. Learned counsel for petitioner further submits that in such circumstances, delay can be condone by the State, taking note that petitioner was a minor when his father died and he has approached concerned respondent as soon as he became major. I have considered the above submissions. It is reiterated by Supreme Court in Malaya Nanda Sethy Vs. State of Orissa and Ors., 2022 SCC OnLine SC 684, that object of compassionate appointment is to tide over immediate financial crisis and admittedly such object would be frustrated if petitioner's claim is considered after more than 18 years of death of his father. The petitioner has also not explained the delay in approaching this Court after more than 2 and a half year when the application was rejected. The petitioner's mother has admittedly remained silent and she has not agitated her claim, if any, when her application for compassionate appointment in the year 2008 was not considered. In every case, for purpose of condone delay, the matter referred to State, specially when circumstances are so cleared that no compassionate appointment can be granted after delay of 18 years. Accordingly, relief sought cannot be granted at such belated stage and accordingly, writ petition is dismissed. Order Date :- 25.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad