BALAM SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Appellant is the writ petitioner. The father of the appellant was employed as an Assistant Teacher. The application of the appellant seeking employment under Dying in Harness Rules was rejected. The prayer sought in the writ petition is as follows :

(2.) Annexure No. 3 application purported to be filed by the appellant was filed on 15.06.2015. Therein, he indicated that his father was missing since year 1991 and the death of his father has been certified by the Civil Court, Almora. He pointed out that there is nobody in his family, who is employed; he has passed the 12th standard and he prayed for employment. Not having received any response, the appellant apparently filed the writ petition and the writ petition came to be dismissed by the learned Single Judge, who noted that the incident is of the year 1991, where more than 24 years' period has already been elapsed and even under the Dying in Harness Rules, maximum period where such an application can be considered, is five years. Learned Single Judge also noted that at the time, when the father of the appellant was missing i.e. on 01.07.1991, the appellant was about 6 years of age and the further case of the appellant is that his mother had filed a civil suit for declaration of death of her husband, which was decreed vide order dated 16.02.2015. It was found that the application of the appellant is highly belated, and the writ petition was dismissed.

(3.) We heard Mr. Siddhartha Bisht, learned counsel for the appellant and Mr. H.M. Bhatia, learned Brief Holder for the respondents.