COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 844/2003 Girish Chandra …….Petitioner Versus State of Uttar Pradesh Through Secretary, Home, Lucknow, And Others …….Respondents Sri Lalit Belwal, learned Counsel for the petitioner. Smt. Bina Pande, learned Standing Counsel (U.P.) for the respondents. 5th May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition the petitioner has prayed for a writ of mandamus commanding the respondents to appoint the petitioner under the Dying in Harness Rules. 2. Late Sri Hira Ballabh, the father of the petitioner was working as a Constable in 38th Vahini P.A.C., Aligarh, U.P., who died in harness on 10.4.1987. At the time of death of his father, the petitioner was a minor. Thereafter, on attaining the age of majority, the petitioner applied for his appointment in the year 1996 under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. The appointment under the Dying in Harness Rules was denied to the petitioner on the ground that the petitioner’s application is belated one and, therefore, barred by the limitation. 3. Undisputedly the petitioner was minor at the time of death of his father. Immediately after attaining the age of 2 majority, the petitioner had applied for his appointment in the year 1996. His case for appointment was rejected only on one ground that his application for appointment was belated. The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 contains provision empowering the State Government/Appointing Authority to condone the delay in cases where the authority is satisfied. Here in the present case, the delay for not making application by the petitioner within the prescribed time was due to underage and after attaining the age of majority, the application was made by the petitioner. It was sufficient reason to condone the delay. 4. Therefore, respondents are directed to reconsider the matter in the light of the observations made above. The writ petition is disposed of finally with the aforesaid observation/direction. No order as to costs. (P.C. Verma, J.) Prabodh