This special appeal, dismissed, challenged the Single Judge's dismissal of a writ petition seeking compassionate appointment. The Court upheld the rejection due to the lack of special circumstances arising from the significant time gap.
Appeal dismissed; earlier decree dated 03.08.2022 confirmed.
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Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 496 of 2022
Appellant :- Satyapal Singh Respondent :- Joint Secretary Uttar Pradesh Government And 2 Others Counsel for Appellant :- Nagendra Krishna,Shailendra Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.
Heard learned counsel for the appellant and the learned Standing Counsel for respondents 1, 2 an 3.
In Re : C.M. Delay Condonation Application No.1 of 2022.
By this application, the applicant/appellant seeks condonation of 39 days delay in filing the intra court appeal against the judgment and order dated 03.08.2022 passed by learned single Judge in Writ A No.11321 of 2022.
Considering the explanation offered in the afÏdavit filed in support of the delay condonation application, we deem it appropriate to condone the delay in filing the appeal. The delay condonation application is allowed. The delay in filing the appeal is condoned.
The appeal shall be assigned regular number.
In Re : Appeal
This intra court appeal has been filed against the judgment and order dated 03.08.2022 passed by learned single Judge dismissing Writ A No.11321 of 2022 filed by the appellant.
A perusal of the record would reflect that the appellant filed Writ A No.11321 of 2022 for a direction upon the Joint Secretary, Government of U.P., Lucknow to approve compassionate appointment of the petitioner. Learned single Judge after going through the record found that the father of the petitioner died on 04.11.1993. At the time of his death, the petitioner was aged six months old and the petitioner's mother was illiterate therefore, no application seeking compassionate appointment was made. Thereafter, the petitioner passed high school in the year 2014 and applied for compassionate appointment in the year 2017. The Court noticed that by order dated 24.02.2022 the Government had already rejected the prayer of the petitioner for compassionate appointment by observing that there were no special circumstances to offer compassionate appointment after such long time-gap. While observing so, it noticed decisions of the apex court. Learned single Judge also noticed that the petitioner's
prayer was only to consider his representation when already a decision had been taken by the Government. In these circumstances, the learned single Judge dismissed the writ petition.
We do not find any error in the order passed by the learned single Judge.
The appeal is dismissed.
Order Date :- 11.11.2022. Rks.
Digitally signed by RAJESH KUMAR SINGH Date: 2022.11.16 10:20:13 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the delay in filing the compassionate appointment application merits consideration after such a long time gap.
Whether the High Court Single Judge erred in dismissing the writ petition seeking compassionate appointment.
Satyapal Singh
Joint Secretary, Government of Uttar Pradesh
2 Others
Manoj Misra
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
