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Abhimanyu Ratna Bhardwaj v. State Of U.P. And Others - WRIT - A No. 70738 of 2005 [2005] RD-AH 5832 (17 November 2005)


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Father of the petitioner Sri Rakesh Kumar Bharadwaj was employed as Collection Amin in tehsil Hathras, district Aligarh. Sri Rakesh Kumar Bharadwaj expired during harness. The mother of the petitioner on 16th February, 2004 made an application, for her eldest son namely Abhimanyu Ratna Bharadwaj (petitioner) being offered compassionate appointment and also forwarded High School Certificate of the petitioner. After taking into consideration the application made by the mother of the petitioner as well as the qualification possessed by the petitioner,  he has been offered compassionate appointment, under the order dated 8th August, 2005, on Class-IV post.

On behalf of the petitioner it is contended that on the date the appointment was offered as well as on the date on which the petitioner himself made an independent application for such compassionate appointment i.e. 29.7.2005, he had passed the Intermediate Examination and was therefore eligible for being offered compassionate appointment against Class-III post. Hence the present writ petition.

In the opinion of the court dependents of employee dying during harness do not have any right to seek appointment against any particular post. Mother of the petitioner being one of the dependents of late Rakesh Kumar Bharadwaj gave up her claim and moved an application for compassionate appointment being offered to the petitioner, who had become major and had passed High School Examination. On the date of application dated 16th February, 2004, taking into account the qualification of the petitioner, compassionate appointment on the Class-IV post has been offered. Any application subsequent to  the application dated 16th February, 2004  is of no consequence. Claim of the petitioner for compassionate appointment on Class-III post is legally not justified. Provisions of compassionate appointments cannot be made an alternative source of appointment, such appointments are only made to mitigate the immediate hardship faced by the family members of the deceased government employee dying during harness. Such provisions of law should not be stretch to the extent so as to frustrate the purpose of the rules and to create a situation were dependents start claiming a right to the post of their choice.

Writ petition is accordingly dismissed.        




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