High Court of Judicature at Allahabad
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Sanjay Kumar Singh Yadav v. State Of U.P. And Others - WRIT - A No. 29869 of 2007  RD-AH 11527 (9 July 2007)
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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