Sudhir Kumar Singh vs State Of U.P. And 2 Others
2022 Latest Caselaw 10621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 12009 of 2022
 

 
Petitioner :- Sudhir Kumar Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Pramod Kumar Singh
 
Counsel for Respondent :- C.S.C.,Shivam Yadav
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for petitioner, learned standing counsel for respondent No. 1 and Sri Shivam Yadav, learned counsel for respondent Nos. 2 & 3.

Learned counsel for petitioner submitted that petitioner is adopted son of late Chhote Singh who was working as Skill Worker at 132 K.B. Sub-Station Puraina Awala, Bareilly and died on 13.06.1993. As the petitioner is adopted son of deceased employee, therefore, he has moved representation dated 27.01.2022 for his appointment on compassionate ground, but till date, no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent-authorities to consider his case and decide the representation at the earliest.

Sri Shivam Yadav, learned counsel for respondent Nos. 1 & 3 has vehemently opposed the submissions of counsel for petitioner and submitted that father of petitioner died in the year 1993 and now after around 29 years, petitioner is coming before this Court for compassionate appointment, which may not be granted to him. In support of his contention, he has placed reliance upon the judgments of Apex Court passed in Punjab State Power Corporation Limited and others vs. Nirval Singh (2019) 6 SCC 774, State of J.K. and others vs. Sajad Ahmed Mir (2006) 5 SCC 766 and Steel Authority of India Vs. Gouri Devi passed in Civil Appeal No. 6910 of 2021.

Learned counsel for petitioner could not dispute the legal submissions so made by Sri Shivam Yadav, learned counsel for respondent Nos. 2 & 3, but only submitted that recently, petitioner has received other post retiral dues.

I have considered the submissions advanced by counsel perused the the records as well as judgment relied upon.

There is no dispute that petition has been filed at a very belated stage i.e. after 29 years for appointment on compassionate ground. Therefore, in the light of facts of the case as well as law laid down by the Apex Court in the matters of Punjab State Power Corporation Limited (Supra) State of J.K. (Supra) & Steel Authority of India (Supra), no relief can be granted to the petitioner after such an inordinate delay.

Under such facts of the case, writ petition lacks merit and is accordingly, dismissed.

No order as to costs.

Order Date :- 18.8.2022

Sartaj