AJAY KUMAR Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The petitioner before this Court is major and has now attained the age of 27 years, yet claiming a writ in the nature of mandamus for a direction to the respondents to grant him a compassionate appointment under the Dying-inHarness Rules on a post compatible to his educational qualification and even claiming to be appointed by granting relaxation to the petitioner as contemplated under proviso to Rule 5 read with Rule 8 of the Dying-in-Harness Rules, 1974. He also challenges the two orders rejecting the claim for harness appointment dated 22nd August, 2011 and 2nd July, 2012 belatedly, by filing the writ petition on 9th January, 2018, i.e. almost after 6-1/2. By virtue of the orders impugned, his claim for appointment on compassionate ground was rejected.

(2.) Briefly put, the case of the petitioner is that his late father Sri Rajendra Singh, who was working as an Assistant Teacher, Government Primary School Manakpur Adampur, Block Bhagwanpur, District Haridwar, had met with the sad demise on 4th June, 1991, i.e. immediately after two years of his appointment as Assistant Teacher which was made on 9th February, 1989.

(3.) The contention of the petitioner is that at the time of death of his father on 4th June, 1991, he was minor of one year of age only and his mother Prakashi Devi, since being a semi illiterate lady, was not aware of the laws prevalent pertaining to the claim for appointment under the Dying-inHarness Rules, hence, could not take any action at the relevant time.