ANITA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard leaned counsel for the petitioner and Sri J.B.S Rathore learned counsel for respondent no.2.

(2.) Learned Standing Counsel has appeared on behalf of respondent no.1, whereas Sri J.N.Verma, learned counsel represented respondent no.3.

(3.) Petitioner's father late Sri Treveni Prasad died on 02.11.1996 leaving behind three dependents; his wife namely Smt Ramkali and two daughters Vimla Devi and Anita. Vimla Devi is now married. It appears that the elder daughter was not educated and younger daughter Km. Anita at the relevant point of time was under age, therefore, application under Dying-in-Harness Rules could not be filed and the family had to survive under indigent financial conditions. Except an amount of Rs.26,000/- which was paid to the indigent family out of the amount of group insurance no other financial support was available. Km. Anita became major in the the year 2001 and by that time, she passed intermediate examination and soon thereafter in the year 2004 an application for appointment under Dying-in-Harness Rules was filed as the family had continued under financial stress. In the year 2004 when the application was filed, the same was beyond the period of limitation of five years prescribed under the relevant rules whereunder the benefit of Dying-in-Harness Rules is available to the dependents of Teachers working in the education department. Since the application made by the petitioner was beyond time, therefore, prayer for relaxation of time as regards filing the application was made before the competent authority. The matter accordingly was forwarded by the Basic Shiksha Adhikari to the State Government in terms of the order passed by this Court in W.P.No.5124(S/S) of 2005 on 11.08.2005.