GOPAL SINGH KANWAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner seeking a writ of mandamus to command the respondents to consider the application of the peti tioner for appointment under the Dying in Harness Rules.

(2.) THE father of the petitioner was in the Government Service and he died in harness. At the time of death of his father, the petitioner was minor and was not entitled to be appointed in the Gov ernment job under the Dying in Harness Rules. After attaining the age of major ity, he applied for being considered for appointment under the Dying in Harness Rules. THE application of the petitioner had been rejected on the ground that it was highly belated. THE Uttar Pradesh Recruitment of Dependents of Govern ment Servants Dying in Harness Rules, 1974 contains provision empowering the State Government / Appointing Author ity to condone the delay in cases where the authority is satisfied. Here in the present case, the delay for not making application within time was due to under age and immediately after attaining the age for being eligible to be ap pointed as Government Servant applica tion was made. It was a sufficient rea son to condone the delay.