MANOJ KUMAR GAUR Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has been preferred under Article 226 of the Constitution of India for appointment on compassionate ground under the provisions of the Uttar Pradesh Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 (in short 1974 Rules).

(2.) THE petitioner's father who was Ganna Gram Sewak, died in harness on 17.9.1987. After his death, the petitioner's mother had moved application dated 19.12.1987 a copy of which is contained in Annexure RA-1 with the prayer that her son i.e., the petitioner who was minor at that time, may be considered for appointment on compassionate ground after he attains majority. THE application submitted by the petitioner's mother remained undisposed of by the respondents. THEreafter on 27.8.1994 the petitioner applied for appointment on compassionate ground under the Rules. THE application for appointment has been rejected by the impugned order dated 21.3.1997. Feeling aggrieved, the present writ petition has been filed.

(3.) PROVISIONS with regard to appointment on compassionate ground, is governed by Rule 5 of the 1974 Rules. For convenience, Rule 5 of the 1974 Rules is reproduced as under: "Recruitment of a member of the family of the deceased. - (1) In case a Government servant dies in harness after the commencement of these rules, 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 purpose, be given a suitable employment in Government service which is not within the purview of the State Public Service Commission in relaxation of the normal recruitment rules, if such person - (1) fulfils the education qualification prescribed for the post, (2) is also otherwise qualified for Government service, and (3) makes the application for employment within five years of the date of 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."