High Court of Judicature at Allahabad
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Nirmal Kumar v. The District Judge, Meerut - WRIT - A No. 11489 of 2004  RD-AH 155 (22 March 2004)
Hon'ble Rakesh Tiwari, J.
Heard learned counsel for the parties and perused the record.
The case of the petitioner, in brief, is that his father Sri Prem Singh died in harness on 24.4.1996. He was working as an Ahalmad (Clerk) in the Court of the then Munsif, Mawana District Meerut. He met with a road accident on 24.4.1996 and succumbed to his injuries on the same day.
The deceased Prem Singh left behind his widow Smt. Suman Lata, one daughter Km. Renuka and one son, the petitioner only, who having been born on 12.10.1985 was minor at the time of death of Sri Prem Singh.
Sri Harpal Singh, grand-father of the petitioner, moved an application dated 15.12.2000 praying, inter alia, that since the petitioner is a minor at the time of death of his father he may be given appointment on compassionate ground when he attains majority.
The widow Smt. Suman Lata applied for payment of ex-gratia benefits of her deceased husband, which were released in her favour. After attaining majority the petitioner moved an application on 15.11.2003 claiming compassionate appointment in the District Judgeship of Meerut. A report was submitted on 17.1.2004 by the Officer-in Charge of General Administration/Additional District Judge, Meerut on the application of the petitioner with a note that the Government Order provides that the applications for appointments on compassionate grounds have to be moved within five years of the date of death of the deceased Government employee and the petitioner moved the application after more than 7 ½ years. The District Judge rejected the said application of the petitioner on the ground of latches.
The learned counsel for the petitioner states that the petitioner and his sister were brought up by their grand-father as their mother was living separately from the family since the death of their father and she had no concerned with her children, the petitioner and his sister. He also submits that the widow has given an affidavit in favour of the petitioner for giving him compassionate appointment.
According to the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, any application moved by the dependent of the deceased Government servant for compassionate appointment is to be considered taking into account the fact whether the family of the deceased is in indigent circumstances or not. According to the admitted facts the mother is living separately for the last about 7½ years and had not applied for compassionate appointment which could have been granted to her as the family of a deceased Government servant is in indigent circumstances. From the application filed by the grand-father of the petitioner contained in Annexure 2 to the writ petition it is apparent that the petitioner was studying in High School in December 2000 and was being looked after and educated by his grand-father. The appointment under the aforesaid Rules cannot be claimed as a matter of right and the entire facts and circumstances have to be looked into while considering the matter.
There is no illegality or infirmity in the impugned order rejecting the application of the petitioner for appointment on the ground of limitation. Even otherwise the family does not appear to be in indigent circumstances. The petitioner cannot claim appointment as of right.
For the reason stated above, this petition is dismissed. No order as to costs.
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