IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.777 of 2007 (S/S) Kavinder Singh Rawat S/o Sri Gopal Singh Rawat ..……… Petitioner Versus Director, School Education, Uttarakhand, Dehradun and others ……… Respondents Hon’ble Tarun Agarwala, J. Heard Mr. Manoj Tiwari, the learned Senior Counsel duly assisted by Mr. Alok Mehra, the learned Counsel for the petitioner and Mr. N.P. Sah, the learned Standing Counsel for the respondents. The Urgency application No.668 of 2010 is allowed. With the consent of the learned counsel for the parties, the writ petition is being disposed of today at the admission stage. The petitioner’s mother was a government servant and died in harness on 17th October, 1999. At that time, the petitioner was a minor and after attaining the age of majority, the petitioner moved an application for appointment on compassionate grounds under the Dying-in-harness Rules on 15/10/2004. This application remained pending and since it was not being decided, the petitioner filed the present writ petition seeking a writ of mandamus commanding the respondents to consider the petitioner’s application dated 15/10/2004, annexure-5 to the writ petition, for grant of compassionate appointment. A counter affidavit has been filed by the respondents admitting the death of the petitioner’s mother. The respondents further admits that the application dated 15/10/2004 is pending consideration. The counter affidavit is silent and does not spell out any order by which the said application has been rejected. The respondents, however, took a stand that the petitioner’s age was 2 17 years and 10 months at the time when the petitioner’s mother was died and, thereafter, the petitioner should have moved the application immediately after attaining the age of majority and should not have waited till the year 2004. Under Section 5 of the U.P. Recruitment of Dependants of Government Servants Dying In Harness Rules, 1974, an application for appointment on compassionate ground can be filed within five years from the date of the death of a government servant. In the present case, the petitioner’s mother died on 17/10/1999 and the application was moved on 15/10/2004, i.e., within five years. Consequently, the said application was within the period of limitation as prescribed under Rule 5 of the Rules 1974. The authorities were statutorily bound to consider his application. In view of the aforesaid, the writ petition is allowed and a writ of mandamus is issued to the authority concerned to decide the petitioner’s application by a reasoned and speaking order within three months from the date of production of a certified copy of this order. (Tarun Agarwala, J.) Dated 22.02.2010 Shiv