Pradeep Kant, J. - (1.) This petition has been filed by the petitioner claiming appointment under the U. P. Recruitment of Dependants of Government Servants (Dying-in-Harness) Rules, 1974 (hereinafter referred to as Dying-in-Harness Rules) as amended uptodate. The admitted case of the petitioner is that his father, a Class IV confirmed employee in Government service died on 10.11.1972. The petitioner claims appointment under Dying-in-Harness Rules, under which Rules he approached the authorities for giving him appointment in the year 1997. Since the appointment was not being given, the petitioner feeling aggrieved has knocked the doors of this Court.
(2.) The Dying-in-Harness Rules, 1974, came into force with effect from 21st December, 1973, a date which has been mentioned in Rule 2 Itself. These Rules have been amended in the year 1991, by virtue of which Rule 3 of the said Rules was amended, which amendment is not relevant for the present controversy. Rule 8 sub-clause (3) was also amended and it is stated that appointment under these Rules shall be done against existing vacancies but if the vacancy does not exist, the appointment shall be done on a supernumerary post, which would continue till the vacancy is available. On 16th April, 1993, a further amendment was made in the Rules wherein Rule 5 was subject-matter of amendment, which prescribed conditions of eligibility criteria for appointment of the dependants of a deceased Government servant under the aforesaid Rules. This Rule also provides maximum period of five years for a dependant to apply for appointment. The period of five years was to be counted from the date of death of the Government servant. Rule 5 as amended is being 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. (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.) Rule 5 (1) (iii) vests the State Government with the power of relaxation in entertaining an application for appointment even beyond the period of five years, if the State Government is satisfied that there exist special and exceptional reasons for not moving the application for employment within the prescribed period of five years from the date of death of the Government servant and there is extreme hardship. The State Government was therefore, given power to relax the embargo of five years for moving the application for employment in case it was expedient to do so.;