Pravin Yadav vs State Of U.P. And 2 Others
2023 Latest Caselaw 1819 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 13 of 2023
 

 
Appellant :- Pravin Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Shashi Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the appellant and learned Standing Counsel for the State-respondents and perused the record.

This intra-court appeal is against the judgment and order of the learned single Judge dated 09.12.2022 dismissing Writ A No.16586 of 2022 filed by the petitioner questioning the order dated 09.08.2022 rejecting his claim for compassionate appointment on death of his father in harness on 30.03.1996.

A perusal of the record would reflect that on death of petitioner's father, petitioner's elder brother had staked a claim for compassionate appointment which was rejected; against which, Writ A No.55270 of 2008 was filed. This writ petition was disposed off by requiring the respondents to consider the claim of petitioner's brother for compassionate appointment. The claim was objected not only on the ground that it was highly belated but also on the ground that his brother was unfit. The petitioner (appellant herein) thereafter staked his claim, which has been rejected by the authority concerned.

Learned single Judge found that there was no justification to consider compassionate appointment in lieu of death which had taken place in the year 1996 as the very purpose of compassionate appointment is to provide immediate assistance to the bereaved family.

As it is not in dispute that the petitioner has staked a claim for compassionate appointment after more than two and half decades since death of his father, learned single Judge justifiably dismissed the writ petition filed by the appellant. We do not find any error in the order passed by the learned single Judge.

The appeal is dismissed.

Order Date :- 17.1.2023.

Rks.