HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.1402 of 2006 (S/S) Sunil Singh Rawat S/o late Shri Narendra Singh Rawat … Petitioner Versus Union of India & others … Respondents Dated:- 14th May, 2010 Hon’ble Tarun Agarwala, J. Heard Sri D. C. S. Rawat, the learned counsel for the petitioner and Sri Anjali Bhargava, the learned Standing Counsel for the respondents. The petitioner’s father died in harness on 11.03.2003. On 29th March, 2003, the respondents issued a letter to the mother of the petitioner intimating that she or a member of her family could be given an appointment on compassionate grounds. The petitioners’ mother wrote a letter dated 11th July, 2003 intimating the respondents that she is interested in giving an appointment to her son, who was still 16 years of age at that time and had not completed 18 years of age and requested the respondents as to whether the petitioner would be eligible for an appointment. The respondents informed the petitioner’s mother by letter dated 02nd August, 2003 that as per the Office Memorandum dated 05th May, 2003 issued by the Government of India, the appointments on compassionate ground are required to be made within one year from the date of the death of an employee and in the case of a genuine or a deserving case, the appointment could be considered even after the expiry of one year. The petitioner’s mother was further intimated that the petitioner’s case could be considered after completion of 18 years of age of her son. In response to the aforesaid letter, the petitioner moved a formal application on 22nd July, 2003 praying for an appointment in favour of her son. This application was rejected by an order dated 19th August, 2003 on the ground that there was no provision to keep a vacancy reserved for three years for the petitioner. The 2 petitioner, being aggrieved by the order, has filed the present writ petition. Having heard the learned counsel for the parties, this court is of the opinion that the impugned order cannot be sustained. The Office Memorandum dated 05th May, 2003 issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, a copy of which has been annexed as Annexure- 3 to the writ petition, indicates that if a vacancy is not available, the application is passed over in the next recruitment year and the application would be considered even after the expiry of one year from the death of the deceased. In the present case, the respondents themselves issued a letter dated 02nd August, 2003 indicating that the petitioner’s application could be considered upon reaching the age of 18 years. At the time of filing the application on 22nd July, 2003, the petitioner was only 16½ years of age and the application was filed within four months from the date of the death of the deceased. His application was required to be kept alive for the period of one year and, thereafter, if he was ineligible at that time, his application could have been considered in the next year by which time he would have reached the age of majority. The notice of the respondents in rejecting the application on the ground that it cannot remain pending for more than three years is patently erroneous and cannot be sustained. Consequently, the impugned order is quashed. The writ petition is allowed. The matter is remitted to the concerned authority to decide the application on merit within three months from the date of production of the certified copy of this order. (Tarun Agarwala, J.) Dated 14.05.2010 LSR