Khadi And Village Industries ... vs Arvind Kumar And Anohter
2022 Latest Caselaw 19504 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 559 of 2013
 

 
Appellant :- Khadi And Village Industries Commission And 2 Ors.
 
Respondent :- Arvind Kumar And Another
 
Counsel for Appellant :- Rajiv Sharma
 
Counsel for Respondent :- A.S.G.I.,Firoz Ahmad,K.C.Kaushik,S.K. Tyagi
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

List has been revised. None is present for the appellant to press the appeal. We have perused the record.

This intra-court appeal is against the judgment and order of the learned single Judge dated 07.02.2013 in Writ A No.40359 of 2004 by which the writ petition of the first respondent was allowed with a direction that the respondents shall provide age relaxation to the writ petitioner and shall appoint the petitioner and pay him regular salary on the ground that his father died in harness.

On 16.04.2013, while entertaining this appeal following order was passed :

"Sri Firoz Ahmad, advocate appeared on behalf of respondent no. 2.

Supplementary affidavit filed today is taken on record.

One of the contention of the appellant is that in view of the Service Rules as applicable to the compassionate appointment, the petitioner could not have been given appointment. The petitioner was aged about 37 years on 23-10-99 when his father died. This was the ground denying compassionate appointment to the petitioner. However, the learned single judge without adverting the above fact has allowed the writ petition. The submission is that in view of Recruitment Rules for the post in Group-D, age limit is 18 to 25 years. For reserved category, five years relaxation may be granted. In exceptional case also age relaxation to the extent of five years is there. But even if the said relaxation is granted even then also the petitioner was not entitled to get appointment on compassionate ground. The matter requires consideration.

Three weeks time is granted to the learned counsel for the respondents for filing counter affidavit. The appellant may file rejoinder affidavit within one week.

List thereafter.

Till further orders, the effect and operation of the judgment and order passed in Writ (A) No.40359 dated 7-2-2013 shall remain stayed."

A perusal of the record would reflect that at the time of seeking compassionate appointment, the respondent no.1 in his application had disclosed his date of birth as 25.10.1962. Meaning thereby that, by now, the respondent no.1 has already attained the age of superannuation.

In such circumstances, it appears that the appellant had not appeared to press the appeal as the claim of the respondent stands frustrated on account of him already attaining the age of superannuation.

Consequently, the appeal is dismissed for non-prosecution.

Order Date :- 2.12.2022.

Rks.