Smt. Machhala Devi vs State Of U.P. And Another
2014 Latest Caselaw 6887 ALL

Citation : 2014 Latest Caselaw 6887 ALL
Judgement Date : 23 September, 2014

Allahabad High Court

Smt. Machhala Devi vs State Of U.P. And Another on 23 September, 2014

Bench: Rajan Roy




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 51362 of 2014
 

 
Petitioner :- Smt. Machhala Devi
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Anand Prakash Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Heard.

The husband of the petitioner was a constable in UP Police. He died in harness in the year 2004.

The petitioner submits that being HIV positive, she did not apply for compassionate appointment earlier. Her sons were minor at that relevant time. After her son attained majority, she represented to the Senior Superintendent of Police, Meerut (Respondent no. 2) for compassionate appointment of her son, which has been turned down by him on the ground of delay.

Under the Rules of 1974, there is provision of relaxation of maximum time limit of 5 years in exceptional circumstances. This power is to be exercised by the State Government.

A perusal of the impugned order reveals that Respondent no. 2 has referred therein to certain letters / orders of the State Government which do not specifically relate to the case of the petitioner.

In the circumstances of the case, the writ petition is disposed of with the direction to the petitioner to submit a representation before respondent no. 1 within a period of one month. If such representation is submitted, the State Government shall take requisite decision as per law within a period of two months thereafter. The decision so taken shall be communicated to the petitioner forthwith irrespective of the decision taken by respondent no. 2 which shall abide by the final decision to be taken by the State Government.

Order Date :- 23.9.2014

SKS