COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 999/2004 Neeraj Kumar …….Petitioner Versus Commandant, 31 Battalion PAC, Rudrapur, Distt. Udham Singh Nagar & Other. …….Respondents Sri Vijay Bhatt, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 4th August, 2008 Hon’ble P.C. Verma, J. By means of this writ petition the petitioner has prayed for a writ of certiorari to quash the impugned order dated 3.8.2004 (Annexure 6 to the writ petition) passed by the respondent no. 1, whereby compassionate appointment to the petitioner under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 was denied on the ground of delay. 2. Father of the petitioner Sri Babu Ram was working as Nayak in the 31 Battalion PAC, Rudrapur, District Udham Singh Nagar, who died in harness on 29.1.1995. Children of the deceased including the petitioner were minor at the time of his death. The date of birth of the petitioner is 15.8.1986. Petitioner passed his intermediate examination in the year 2004. He is also an outstanding sportsman and has played at State and National level. 2 3. On attaining the age of majority by the petitioner, an application dated 23.7.2004 (Annexure 5 to the writ petition) was moved by his mother requesting the authorities to appoint the petitioner on compassionate ground under the Dying in Harness Rules. In the aforesaid application dated 23.7.2004, reasons explaining the delay in moving the application for compassionate appointment were also furnished. But the appointment under the Dying in Harness Rules was denied to the petitioner vide the impugned order dated 3.8.2004 on the ground that the application for compassionate appointment was belated one and, therefore, barred by the limitation. These facts have not been disputed in the counter affidavit. 4. Undisputedly the petitioner was minor at the time of death of his father. Immediately after attaining the age of majority, application dated 23.7.2004 was moved on behalf of the petitioner for compassionate appointment. But the case of the petitioner for compassionate appointment was rejected only on one ground that his application for appointment was belated. Rule 5 of 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 on behalf of the petitioner. It was sufficient reason to condone the delay. 3 5. In view of the facts and circumstances of the case narrated above, the impugned order dated 3.8.2004 is liable to be set aside and is hereby set aside. 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.) 4.8.2008 Prabodh