RAM VISHAL Vs. STATE OF U P

JUDGEMENT

(1.) Rejoinder affidavit filed today, the same may be placed on record.

(2.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

(3.) The petitioner's father was the Constable. He died in harness on 12.12.1991. It is the case of the petitioner that he moved an application for compassionate appointment on 6.3.1992. However, the respondent has not accepted the claim of the petitioner that the application was moved on 6.3.1992. The petitioner is not able to substantiate his plea that the application was moved on 6.3.1992. However, the respondent has accepted that the application was moved on 23.1.1998. The said application was processed and sent to the Headquarter. Inasmuch as it was filed beyond five years, the Headquarter referred the matter to the State Government for the relaxation of the period under the proviso to Rule 5 of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to "Dying in Harness Rules, 1974). The State Government declined to relax the period and accordingly the application of the petitioner for compassionate appointment has been rejected.