Yuvraj Sahni vs State Of Uttar Pradesh And 2 Others
2022 Latest Caselaw 21793 ALL

Citation : 2022 Latest Caselaw 21793 ALL
Judgement Date : 19 December, 2022

Allahabad High Court

Yuvraj Sahni vs State Of Uttar Pradesh And 2 Others on 19 December, 2022

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - A No. - 18824 of 2022
 
Petitioner :- Yuvraj Sahni
 
Respondent :- State Of Uttar Pradesh And 2 Others
 
Counsel for Petitioner :- Siddharth Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

The facts, in brief, are that the mother of the petitioner was in service and expired on 04.05.2016. The petitioner claims that he was minor at the time of the death of his mother as his date of birth is 17.09.2004. The petitioner moved an application for grant of compassionate appointment after he attains the age of majority on 19.02.2022. The said application of the petitioner was rejected by means of the order dated 21.10.2022, whereby the petitioner was denied the benefit of consideration only on the ground that the same is beyond the period five years as prescribed in Dying In Harness Rules as prevalent in the State of U.P.

The said issue is under challenged in the present writ petition on the ground that the petitioner could not have applied as he was minor at the time of the death of his mother and thus bar of five years would not apply. Learned counsel for the petitioner places reliance on the judgment of the Supreme Court dated 15th July, 2022 passed in Special Leave Petition (C) No. 3528 of 2022 (Ganesh Shankar Shukla Vs. State of U.P. and another).

Considering the fact that the petitioner was a minor at the time of the death of his mother, it could not be expected that the petitioner would apply within time of five years. The issue otherwise is squarely covered by the judgment dated 15th July, 2022 in the case of Ganesh Shankar Shukla (Supra). As such the impugned order dated 21.10.2022 is set aside with direction to consider the claim of the petitioner treating the application to be within time.

The said consideration shall be done within a period of three months from today.

The petition stands disposed off.

Order Date :- 19.12.2022

akverma