GYANENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Present petition has its genesis in the order dated 23.10.2001 passed by the Uttar Pradesh Sahkari Ganna Samiti Sangh Limited, Lucknow whereby application of the petitioner for appointment under Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 wrecked on disapproval on the ground of it being time-barred under Recruitment of Dependents of Governments Servants Dying-in-Harness (Third Amendment) Rules, 1993.

(2.) Thumbnail sketch of the necessary facts is that one Anang Pal Singh father of the petitioner who was serving as Seasonal Clerk in Sahkari Ganna Samiti Sangh Limited, Durala, District Meerut and had put in 19 years of service, breathed his last on 28.9.1981 and application for compassionate appointment was preferred on 30.3.2001 i.e., after an interregnum of more than 19 years. The explicatory plea of the petitioner is that at the time of death of his father, he was minor and having passed High School Examination in the year 1998, he applied for appointment by means of the application aforestated. From a perusal of the record, it would appear that on receipt of the application, the respondent No. 4 marked the application for onward transmission to the respondent No. 3 who in turn dispatched the same to respondent No. 2. By means of letter dated 19.5.2001, the respondent No. 3 sought guidance from respondent No. 2 in the matter relating to compassionate appointment and by means of the order dated 23.10.2001, the application of the petitioner was turned down as being time-barred. It is this order the validity of which has been canvassed in the instant petition.

(3.) I have heard Sri Shashi Nandan for the petitioner and Sri Amit Kumar holding brief of Sri. P.M.N. Singh, learned Counsel for the Opp. Parties 2 and 4.