Shivam Rajora v. The State of U.P. and 5 Others

Court No. - 34 Case :- WRIT - A No. - 18591 of 2023 Petitioner :- Shivam Rajora Respondent :- The State Of U.P. And 5 Others Counsel for Petitioner :- Atipriya Gautam,Anura Singh,Rishabh Kesarwani,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. Petitioner, whose father late Kushal Pal Singh was Inspector / Company Commander in P.A.C., died in harness on 25.04.2014, however at that very point of time petitioner was minor so he did not apply for compassionate appointment. He, though became major in 2020 but on account of the entire nation especially the State of U.P. being hit by pandemic Covid-19, he could not make any proper application. Accordingly, he moved an application for the first time on 14.07.2023. It is submitted that the five year period has not expired since the petitioner has attained the age of majority and therefore, the respondents may by directed to consider his candidature for compassionate appointment in accordance with law and dispose of his pending application. Learned Standing Counsel though has raised objection regarding the time lapsed between 2014 to 2023 but in the considered view of the Court, petitioner's claim will be taken to have matured only in the year 2020. Accordingly, this petition stands disposed of with a direction to the respondent no. 4 to look into and consider the claim of the petitioner regarding compassionate appointment raised in his representation dated 14.07.2023 and dispose of the same, as expeditiously as possible, preferably within a period of two months from the date of receipt of certified copy of this order and in the event petitioner's claim is found to be genuine and petitioner is held entitled to compassionate appointment, he shall be offered compassionate appointment within the next 60 days time. Needless to add that the order to be passed by the respondent no. 2, as directed herein above, shall be reasoned and speaking one. Order Date :- 6.11.2023/IrfanUddin High Court of Judicature at Allahabad