RAM MILAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Having heard learned Counsel for the petitioners, I find no ground made out for interference under Article 226 of the Constitution of India. The petitioner's father died in harness in the year. The petitioner was minor at that time. He has claimed for compassionate appointment after a span of years of the death of the employee. The limitation within which an application seeking compassionate appointment can be filed is five years. An application filed beyond the period is liable to be rejected on the ground of delay.

(2.) It may, however, be observed here that in view of the provision to Rule 5(1) of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, inserted by notification dated October 13, 1993, the State Government is clothed with the power to relax the rule of limitation in appropriate cases in order to do complete justice. Accordingly, notwithstanding the rejection of his application the petitioner may still approach the State Government for appropriate orders under the proviso to Rule 5(1) of the Rules. It goes without saying that in case any such application is moved by the petitioner, the same shall be considered and disposed of the level of the State Government expeditiously, if possible, within a period of two months from the date of receipt of the application along with a certified copy of this order.

(3.) The petition is disposed of in terms of the above direction.