BRIJESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner Brijesh Kumar, who is related as son to deceased Constable Ram Kumar, has instituted the present petition for the relief of issuing a writ of mandamus to the respondents for appointing him on some suitable post.

(2.) The facts draped in brevity are that Ram Kumar father of the petitioner, who was employed as Constable in Police Department, died in harness on 2.8.1989. According to the petitioner, he was, at that time, a minor aged about 5 years. The first representation is stated to have been made on 9.9.2003 followed by yet another representation dated 5.1.2004 seeking appointment on compassionate ground, which it is further, averred in the writ petition, is still mired in indecision at the end of the authorities concerned.

(3.) Learned counsel for the petitioner referring to U. P. Government Servant (Dying-in-Harness) Rules, canvassed that since the petitioner was minor at that time, he could seek compassionate appointment only after attaining majority. He further submitted that immediately on attaining majority, the petitioner made the first representation on 9,9.2003 and when it elicited no response, the petitioner made yet another representation dated 5.1.2004, which too did not yield any response from the authority concerned. Per contra, learned standing counsel premised his contention by contending that limitation prescribed for filing application for compassionate appointment is five years and time limit could be relaxed only in exceptional cases. He lastly submitted that the petitioner has not been able to make out any case for relaxation and therefore the petition is not sustalnable and is liable to be dismissed.