Abhishek Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 3659 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 2977 of 2022
 

 
Petitioner :- Abhishek Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Lko. And 3 Others
 
Counsel for Petitioner :- Kunwar Bahadur Singh
 
Counsel for Respondent :- C.S.C.,Anuj Kudesia
 

 
Hon'ble Rajan Roy,J.

Heard.

The claim of petitioner for compassionate appointment has been rejected on the ground that it is barred by limitation of five years prescribed in Rule 5 of U.P. Recruitment of Dependents of Government Servants (Dying-in-Harness) Rules, 1974 as amended from time to time and as applicable to the State Government employees which, as informed by Mr. Anuj Kudesia, learned counsel, has been adopted by the Uttar Pradesh State Road Transport Corporation (UPSRTC), however, the Court finds that there is also a provision of condonation of delay of such five years by the State Government. In this case, as the deceased employee was working in UPSRTC and not in the State Government, therefore, the General Manager should not have rejected the claim on this ground instead he should have forwarded it to the Board of Directors of the Corporation which would obviously be substituted in place of State Government for application of Rules of 1974 and then the State Government would have to consider the claim keeping in mind the parameters laid by the Full Bench vide judgment dated 06.02.2014 in Special Appeal No. 356 of 2012; Shiv Kumar Dubey vs. State of U.P. and others.

In view of this, the order impugned dated 23.01.2020 (Annexure-1) is hereby quashed. The opposite party no. 2 - General Manager (Personnel), UPSRTC is directed to forward the matter to the Board of Directors of the Corporation for consideration aforesaid in the light of the Rules of 1974 and the Full Bench decision referred hereinabove. It is made open to the petitioner to submit a supplementary representation demonstrating that the state of penury which was existing at the time of death of his father still continues in the light of Full Decision in Shiv Kumar Dubey (supra) and if any such supplementary representation is filed, the same shall be considered by the Board of Directors of the Corporation and a decision shall be taken in this regard within three months of submission of a copy of this order.

The petition is allowed.

[Rajan Roy, J.]

Order Date :- 20.5.2022

Santosh/-