The petitioner challenged the rejection of his application for compassionate appointment, citing a five-year delay. The Court held that such appointments are not a hereditary right but a relief for immediate financial crisis and dismissed the writ petition.
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Court No. - 18
Case :- WRIT - A No. - 5213 of 2018
Petitioner :- Satendra Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kant Sharma,A/N0392/2013 Counsel for Respondent :- C.S.C.,Yogendra Singh Bohra
Hon'ble Mahesh Chandra Tripathi,J.
The petitioner is before this Court assailing the order/ letter dated 7.7.2017 issued by third respondent by which his application for compassionate appointment has been turned down on the ground of delay and due to family dispute in this regard.
The Court has proceeded to examine the record in question and find that the father of the petitioner had died-in-harness on 15.3.2012 and the petitioner applied for compassionate appointment on 7.3.2017 after about five years. The compassionate appointments are given just to mitigate the immediate financial crisis faced by the family of the deceased employee and it is not a hereditary right.
In view of above, the Court is not inclined to interfere in the matter under Art.226 of the Constitution of India. The writ petition sans merit and is accordingly dismissed .
Order Date :- 8.2.2018 SP/
2 issues framed by the court
Whether the High Court should interfere under Article 226 of the Constitution of India in the rejection of an application for compassionate appointment.
Whether the delay of over five years and existence of family dispute justify turning down the application for compassionate appointment.
Satendra Kumar Sharma
State Of U.P.
2 Others
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
