- (1.) HEARD Counsel for the peti­tioner and Standing Counsel.
(2.) BRIEF facts of the instant writ petition are that Late Devendra Prasad Upadhayay, who was Head Constable in police and at the relevant time was posted in District Faizabad, expired on 12.7.1992 during service tenure. After his death, his elder son-Shesh Narain Upadhyaya applied for appointment under Dying in Harness Rules. As no action was taken by the respondents, the petitioner filed a writ petition No. 306 [SS] of 1994 wherein an order dated 20.1.1994 was passed direct­ing the Senior Superintendent of Police, Faizabad either to give appointment to Shesh Narain Upadhyaya or show cause. Before the appointment letter could be issued, Shesh Narain Upadhyaya was implicated in a crimi­nal case and as such an application was moved by him for keeping the process in abeyance. According, to the Counsel for the petitioner, on this application, the competent authority passed an order directing to keep the matter in abeyance. In the meantime, his mother had given a "No objection' for appointment of her younger son, namely, Sharda Prasad Upa­dhyaya [present petitioner]. The petitioner's application and repre­sentation remained pending for considerable long time and as such he filed a writ petition No. 5389[SS] of 2003, which was disposed of vide an order dated 1.9.2003 with the di­rection to the Deputy Inspector General of Police(Establishment) U.P. Police Headquar­ters, Allahabad to consider the petitioner's application for appointment under Dying in Harness Rules and issue appropriate orders. Thereafter, the Deputy Inspector General of Police (Establishment) rejected the represen­tation of the petitioner vide order dated 20.12.2003 on the sole ground that the same has been made beyond the time stipulated under Rule-5 of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules ]hereinafter referred to be as 'Rules'). Being dis-satisfied with the said order, dated 20.12.2003, the petitioner pre­ferred another writ petition No. 1307 [SS] of 2004. By an order dated 20.4.2004, this writ petition was disposed of with the direction to the petitioner to make a representation before the State Government and the State Govern­ment was directed to consider it in accordance with the proviso appended to Rule 5 of the said Rules. After the said question having been considered, the opposite party No.5 shall consider the representation of the petitioner afresh.
(3.) PURSUANT to the order dated 20.4.2004, the matter was examined by the State Gov­ernment but the State Government refused to relax the period on the ground that late Devendra Prasad Yadav died on 12.7.1992 but his dependent has made application after about 10 years.;