IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 461 of 2011 Ashish Kumar ...Petitioner Versus State of Uttarakhand and others …Respondents. Present : Mr. S. S. Yadav, Advocate for the petitioner. Mr. N. P. Sah, Standing Counsel for the State. Sudhanshu Dhulia, J. (Oral) Heard Sri S. S. Yadav, Advocate present for the petitioner and Sri N. P, Sah, Standing Counsel for the State. Petitioner prays for a writ order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to appoint him on compassionate ground. The father of the petitioner was in Provincial Armed Constabulary (from hereinafter referred to as “PAC”). He died in harness in the year 1998. At that time, the petitioner was minor. Learned counsel representing the petitioner has made a statement before this Court that at the time of the death of his father, the petitioner was aged about four years. An application for compassionate appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (from hereinafter referred to as “Dying in Harness Rules”) was made by the mother of the petitioner in the year 1998 that she is not keeping well and therefore the appointment should be given to her son when he becomes major. Now in February, 2010, the petitioner has moved an application for appointment on 2 compassionate ground, but according to him, the appointment is not being given to him. No interference can be made by this Court inasmuch the primarily consideration for making appointment on compassionate ground under the Dying in Harness Rules is that the family which has lost its only bread-winner comes under the immediate hardship and in order to meet this hardship appointments are made under the Dying in Harness Rules. It can be no body’s case that even after 13 years’ of the death of the father, the same hardship continues. Therefore, the writ petition is liable to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 19.5.2011 Kuldeep