Vishal Kumar vs State Of U.P. And Another
2023 Latest Caselaw 1625 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - A No. - 754 of 2023
 
Petitioner :- Vishal Kumar
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Pramod Kumar Srivastava,Hemant Kumar
 
Counsel for Respondent :- C.S.C.,Shyam Mani Shukla
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri Shyam Mani Shukla, learned counsel for the respondent no. 2.

Present petition has been filed for writ of mandamus to direct the respondents to appoint the petitioner on compassionate ground after death of his mother on 3.5.2015.

Learned counsel for the respondent no. 2 pointed out that claim of petitioner is based upon unregistered adoption deed coupled with the fact that there is inordinate delay of 7 years, therefore, in light of judgments of Apex Court in the matter of 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, no relief can be granted to the petitioner.

Learned counsel for the petitioner could not dispute the fact of unregistered deed, but submitted that he was not aware with the Rules of Nagar Nigam and also due to wide spread of Novel Corona Virus (Covid-19), therefore, he could not file the application for appointment on compassionate ground within time.

I have considered the rival submissions raised by learned counsel the parties and perused the judgments of Apex Court. Claim of compassionate appointment based upon unregistered adoption deed cannot be a ground with inordinate delay and further reasons for delay so explained in the affidavit is also not acceptable. Therefore, in the light of facts of the case as well as judgments relied upon by learned counsel for respondent no. 2, no relief can be granted to the petitioner after such an inordinate delay.

Accordingly, petition lacks merit and is dismissed.

No order as to costs.

Order Date :- 16.1.2023

Arvind