ACHIN SINGHAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner's father died in harness on 12.3.1996. The petitioner's mother applied for an appointment under the Dying-in-Harness Rules on 23.3.1996. This application was rejected by an order dated 4.4.1997 on the ground that the petitioner's mother did not possess the requisite height. The petitioner's mother filed a review application and during the pendency of the review application, the petitioner attained the age of majority and consequently, the petitioner's mother moved an application (Annexure 7 to the writ petition) praying that in her place, the petitioner may be given an appointment under the Dying-in-Harness Rules. This application of the petitioner was rejected by an order dated 5.12.2002, on the ground, that in view of the Government Order dated 30.5.2001, the relaxation of the time limit was granted by the State Government only in those cases where the employee had been killed in action during the service. In my view, the approach adopted by the respondent is misconceived.

(3.) Rule 5 of the U.P. Recruitment of Government Servant Dying in Harness Rules, 1974 reads as under:" 5. Recruitment of a member of the family of the deceased.-(l) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person (i) fulfils the educational qualifications prescribed for the post, (ii)is otherwise qualified for Government service, and, (iii)makes the application for employment within five years from the date of the death of the Government servant; Provided that where the State Government is satisfied that the time-limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner. (2) As far as possible, such an employment should be given in the same department in which the deceased Government servant was employed prior to his death.