IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1160 of 2007 (S/S) Km.Ekta Tyagi ………… Petitioner Versus State of Uttarakhand and others. …..…… Respondents Hon’ble Tarun Agarwala, J. Heard Ms. Menka Tripathi, learned counsel for the petitioner and Sri K.C.Tiwari, learned brief holder for the State. The father of the petitioner died in harness on 28th June, 1993. It is alleged that the mother of the petitioner applied for compassionate appointment in the name of the petitioner. It is alleged that the application was returned because the petitioner was a minor and the authorities had assured her that her application would be considered when the petitioner reaches the age of majority. The petitioner, upon reaching the age of majority, filed an application in the year 2004 for compassionate appointment. This application has been rejected by the impugned order dated 11th March, 2005 on the ground that it is belated. The petitioner, being aggrieved, has filed the present writ petition. Under Rule 5 of the Dying-in-Harness Rules 1974, an application for appointment on compassionate ground is required to be filed within 5 years from the date of the death of the Government servant, but, in exceptional circumstances, the delay in filing an application beyond the period of 5 years can be condoned by the State Government. In the present case, an assertion was made that the authorities had assured that they would consider the application upon the petitioner reaching the age of majority. Once an application is filed, and an assertion is given, the authority could not reject the application and was required to remit the same to the State Government for consideration of the delay in filing the application. Since this has not been done, the authority itself could not have rejected the application on the ground of delay. In the light of the aforesaid, the impugned order dated 11th March, 2005 cannot be sustained and is quashed. The writ petition is allowed. The matter is remitted to the authority concerned with the direction that the petitioner’s application for condoning the delay in seeking appointment on compassionate ground be referred to the State Government within two weeks of the receipt of this order. The State Government in turn is directed to decide the application of the petitioner for condoning the delay within three months thereafter. (Tarun Agarwala, J.) Dated :26-02-2010 Nishant