SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, Santosh Kumar approached this Court prior to the filing of the present writ petition by means of Civil Misc. Writ Petition 51615 of 2000, Santosh Kumar v. State of U.P., which has been finally disposed of by this Court vide order dated 5th December, 2000, a copy of which has been annexed as Annexure '6 ' to the writ petition, wherein direction has been issued by this Court directing the respondents to decide the petitioner 's representation regarding appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.

(2.) LEARNED counsel for the petitioner had filed the earlier writ petition relying upon the decision reported in (2000) 1 UPLBEC 415, Pushpendra Singh v. Regional Manager, U.P. State Road Transport Corporation, Aligarh and (2000) 2 UPLBEC 1694, Manoj Kumar Saxena v. District Magistrate, Bareilly. This Court disposed of the aforesaid writ petition with the following direction : ''The writ petition is finally disposed of with the direction that the concerned departmental authorities shall decide the pending application of the petitioner for appointment and shall pass appropriate speaking orders on the pending application of the petitioner under the Rules aforesaid taking into consideration the decisions aforesaid. A copy of the decisions aforesaid shall be supplied by the petitioner 's counsel along with a certified copy of this order to the concerned respondent. It is made clear that this Court has not judged or viewed the controversy on merits and the respondent concerned shall be at liberty to take his own view in the matter. ''

(3.) THE respondents have now decided the aforesaid application of the petitioner by the order dated 19th February, 2002 which is an order passed by the Joint Secretary of the Government of Uttar Pradesh, whereby the petitioner 's application for appointment under the Dying -in -Harness Rules was rejected on the ground that according to Rule 5(1)(3) of U.P. Recruitment of Dependants of Govt. Servants Dying in Harness Rules, the application for appointment must be made within a period of five years from the date of death of the concerned employee, though, according to the aforesaid Rules, power of relaxation is also there, but the petitioner 's application was rejected as the same was filed beyond the period of five years from the date of death of his father and no case has been made out for relaxation and. therefore, the application of the petitioner was rejected.