Kuldeep Kumar vs State Of U.P. And 3 Others
2021 Latest Caselaw 9812 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 569 of 2021
 

 
Appellant :- Kuldeep Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Subhash Singh Yadav,Ramesh Singh Kushwaha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Subhash Chandra Sharma,J.

Civil Misc. Exemption Application No. 1 of 2021

The application seeking exemption from filing certified copy of the order of the High Court is allowed.

The defect stands cured.

Memo of Appeal

By this appeal, a challenge is made to the judgment dated 19th March, 2021 whereby the writ petition preferred by the petitioner-appellant was dismissed. The petition was preferred to seek compassionate appointment by minor at the time of death of the government servant on attaining the age of majority. Learned Single Judge dismissed the writ petition in reference to the Full Bench judgment of this Court in the case of Shiv Kumar Dubey Vs. State of U.P. and others, 2014 (2) ADJ 312, wherein it was held as under:

"(viii) Provisions for the grant of compassionate appointment do not constitute a reservation of a post in favour of a member of the family of the deceased employee. Hence, there is no general right which can be asserted to the effect that a member of the family who was a minor at the time of death would be entitled to claim compassionate appointment upon attaining majority. Where the rules provide for a period of time within which an application has to be made, the operation of the rule is not suspended during the minority of a member of the family."

Relying the para aforesaid, the claim of the petitioner-appellant for compassionate appointment was not accepted. The Division Bench cannot take a view contrary to what has been expressed by the Full Bench rather we are bound by the judgment aforesaid thus find no reason to cause interference in the judgment of the learned Single Judge.

The appeal is accordingly dismissed.

 
Order Date :- 6.8.2021
 
VMA
 

 
(Subhash Chandra Sharma, J.)    (Munishwar Nath Bhandari, A.C.J.)