BHOOPENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner's father died in harness in the year 1994. At that time, the petitioner was a minor. Upon reaching the age of majority, the petitioner moved an application in the year 2001 for appointment on compassionate grounds. This application was rejected by the Competent Authority by an order dated 12th February, 2003, which was intimated to the petitioner by an order dated 07th March, 2007. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(2.) The impugned order indicates that the Competent Authority has rejected the application by taking recourse to the Government order dated 30th May, 2001 holding that there was no special reason for condoning the delay.

(3.) Under Rule 5(1)(iii) of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the Rules of 1974) an application for employment is required to be made within 5 years from the date of the death of the government servant. The proviso, however, indicates that where the State Government is satisfied that the time limit fixed for making an application for employment has caused undue hardship, it could dispense or relax the time period.