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Sanjay Kumar Singh Yadav v. State Of U.P. And Others - WRIT - A No. 29869 of 2007 [2007] RD-AH 11527 (9 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition the petitioner has prayed for a mandamus directing the District  Inspector of Schools  to appoint the petitioner on Class IV post on  compassionate ground.  Petitioner's case in the writ petition is that the petitioner's father was working as Assistant teacher in Kishan Mazadoor Uchchatar Madhyamik Vidyalaya who died while in service  on 13.2.1985.  Petitioner's case is that he was minor at the time of death of his father having been born on 1.7.1980.  He made an application in the year 1998 to the District  Inspector of Schools  for giving compassionate appointment.  The mother of the petitioner has filed an affidavit  on 16.4.2002.  Petitioner claimed to have submitted several representations to the District  Inspector of Schools  and thereafter the petitioner has come to this Court.  Learned counsel for the petitioner contends that  the petitioner being  minor could not apply at the time of death of his father and since the petitioner has applied after having become major his application is required to be considered. The object of the compassionate appointment  is to give immediate relief for the family due to  loss of the bread earner.  The compassionate  appointment cannot be invoked after decades after the death of deceased.  Morethan twenty years  have passed after the death of the father of the petitioner. At this distance of time no case has been made out for  issuing any direction  even to consider the application of the petitioner.  Learned counsel for the petitioner has lastly contended  that there is power of relaxation for taking into consideration the application which have been filed within five years of death.  There cannot be dispute that the application could have been  filed after the death of five years but in facts of the present case it is not appropriate case for issuing any direction for consideration.

The writ petition has not merit and is dismissed.    




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