Court No. 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1174/2007 Ankur Agrawal …….. Petitioner Versus State of Uttarakhand & others ………. Respondents ………… Smt Pushpa Joshi, learned counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. Date: Sep. 10, 2008. Hon’ble P.C. Verma, J. Brief facts of the case are that the petitioner’s father Mr. Vinod Kumar Agrawal who was posted as Assistant Clerk in M.P. Hindu Inter College, Ramnagar, District Nainital died on 04-06-1992 while in service. At the time of death of his father, the petitioner was 9 years of age. The mother of the petitioner gave an application to the respondents on 30-12-1992 and 15-01-1993 regarding compassionate appointment under dying in harness rules vide letter dated 12-01-1994 issued by the respondent no.4 she was informed regarding appointment on compassionate ground. In pursuance of the letter dated 12-01-1994 the mother of the petitioner gave her consent vide letter dated 29.01.1994 for the job offered by respondent no.4 on account of the poor financial condition of her family. Respondent no.4 vide letter dated 01-02-1994 asked the mother of the petitioner to submit some documents in his office. The respondent no.3 also informed the mother of the petitioner on 01-03- 1994 to get her appointment letter from the Principal, M.P. Hindu Inter College, Ramnagar, Nainital. Petitioner has submitted that after the death of his father his mother became mentally disturbed and was continuously ill. The mother of the petitioner gave an application to respondent no.4 showing her inability to join the service on account of her illness and requested to give employment to her son as per dying in harness rules, 1974. On 16-10-2001 the mother of the petitioner died and the petitioner and his younger brother became helpless due to lack of source of livelihood. The petitioner on 13-09-2002 moved an application before the respondent no.3 regarding appointment on compassionate ground. Two more applications were also given on 30- 10-2002 and 22-11-2002. On 29-11-2002 the Principal asked the petitioner to submit some documents accordingly the petitioner submitted the required documents. On 15-09-2003 the respondents rejected the application of the petitioner on the ground that it was barred by time. Being aggrieved by the said order, the petitioner filed a writ petition being writ petition no. 317/2005 (S/S) Ankur Agrawal Vs. State of Uttarakhand and others wherein the Allahabad High Court on 13-07-2006 passed an order directing the respondents to consider the case of the petitioner. Thereafter the respondents vide orders dated 31-05-2007 and 18-06-2007 again rejected the claim of the petitioner. Against the said orders the petitioner has come up with this writ petition. Admittedly at the time of death of his father the petitioner was minor and, therefore, his mother had moved an application for appointment under dying in harness rules, therefore, it cannot be said that the application had been moved with delay. The appointment under Dying in Harness Rules is compassionate appointment, therefore, the respondents are directed to reconsider the case of the petitioner for compassionate appointment under Dying in Harness Rules Keeping in view the financial condition of the petitioner as and when the post is available ignoring the earlier rejection of the claim of the petitioner. With the aforesaid direction, writ petition is disposed of finally. (P.C.V., J.) 10-09-2008 Bhaskar