IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 535 (SS) OF 2004 Mahesh Chandra Sharma, Son of late Daya Nand Sharma, Resident of Village - Biral Gaon, P.O. Jhimar Salt. District-Almora. ………..……………..Petitioner. Versus 1. State of Uttaranchal, through its Secretary Avkari Vibhag, Uttaranchal Sashan, Dehradun. 2. Avkari Ayukt (Commissioner), Kumaon Mandal, Nainital. 3. Up Avkari Ayukt (Commissioner), Kumaon Mandal, Nainital. 4. State of U.P. through its Secretary Avkari Vibhag, Uttar Pradesh Sashan, Lucknow. ……………Respondents. Sri I.D. Paliwal, Advocate for the petitioner. Learned Standing Counsel for the State. Dated: 03.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to appoint the petitioner on compassionate ground under the U.P. Recruitment of Dependant of Government Servant Dying in Harness Rules, 1974. 2. Brief facts giving rise to the present writ petition according to the petitioner are that he is elder son of the deceased. The deceased died on 21.11.1988 while in service. 3. The petitioner has submitted that at the time of the death of the deceased, he was aged about 12 years. 2 4. In the year, 1999, he applied for compassionate appointment under the Dying in Harness Rules. From time to time he has made representation, but the same has been rejected on the ground of having been filed with delay. Rule 5 of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 is quoted below: - “[5. 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 and the spouse of the deceased Government servant 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, 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 purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person- (i) fulfils the educational qualifications prescribed for the post, (ii) is otherwise qualified for Government service, and (iii) makes the application for employment within five years from the date of the 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. 3 (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.] (3) Each appointment under sub-rule (1) shuld be under the condition that the person appointed under sub-rule (1) shall upkeep those other family members of the deceased Government Servant who are incapable for their own maintenance and were dependent of the abovesaid deceased Government servant immediately before his death.]” 5. The power of relaxation has also been given to the authorities concerned. 6. However, looking to the financial condition of the petitioner, if the respondents come to the conclusion that the petitioner deserves for compassionate appointment, he may be considered accordingly. So far as the fact that in the year, 1988, the deceased died and the petitioner was minor is no ground for claiming compassionate appointment. 7. However, no claim for compassionate appointment is to be made on account of the fact that he could not apply for the same as he was minor at the relevant time when his father died unless the authorities are satisfied with the financial condition of the petitioner. 8. However, liberty is given to the petitioner to move a fresh representation stating his grievance along with his financial status before the respondent within a period of two weeks from the date of presentation of the certified copy of the order. 9. In view of the above, the respondents are directed to dispose of the representation of the petitioner after taking into consideration his financial condition in accordance with law. 10. Writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 03.03.2006