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Judgment
Rakesh Tiwari, J.—Heard Sri Chandra Bhan Gupta, counsel for the petitioner, Sri S.P. Srivastava, counsel for the respondents and perused the record.
Father of the petitioner died in harness during the course of employment on 25.2.1997. An application was made by the petitioner for appointment on compassionate ground. He appeared before the Committee on 17.1.2000. It appears that his application for compassionate appointment was rejected vide order dated 22.8.2003. The petitioner, thereafter raked up the matter through Union leader in 2006.
It also appears from letter dated 3/5.6.2006 communicated to the petitioner at his permanent home address of district Sultanpur that he was informed by the decision that his application has been rejected on the ground that he filed the application beyond prescribed period of limitation. As per circular letter dated 2.2.1997, period of limitation for moving application for appointment on compassionate ground is six months from the date of death/retirement on medical ground and it clearly provides that the time limit is not to be extended on any ground, whatsoever. Clause (ii) of the aforesaid circular letter is as under:
(ii) Time limit for submitting applications will be six months from the date of death/retirement on medical ground and this in no case should be extended.
Union leader was also informed about this position in the meeting held on 30.5.2006 in the chamber of the concerned authority. It appears that M the petitioner has filed this writ petition with a view to overcome the hurdle of limitation.
There is no illegality or infirmity in the order impugned as the application of the petitioner was tim barred and decision to this effect was taken in 2003 itself. The petitioner cannot overcome the period of limitation filing writ petition in the year 2007.
However, it appears from perusal of paragraph 16 of the writ petition that the family pension has not been paid to the mother of the petitioner.
The writ petition is accordingly disposed of with the direction to the respondent No. 1 to consider the case of family pension on the representation to be filed by mother of the petitioner within a month from the date of tiling of such representation together with a certified copy of this judgment and decide the same by a reasoned and speaking order in accordance with law. No order as to costs.