- (1.) The petitioner claims compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the "Rules of 1974"). The petitioner's father died on 12.10.1994 in a road accident while on duty. The petitioner is a posthumous child, who was in his mother's womb at the time when his father passed away. He has come up with a claim seeking compassionate appointment through an application that his mother has made under the Rules of 1974 on 04.09.2013. This claim of the petitioner has been rejected by the impugned order dated 31.10.2019 passed by the State Government on ground that it has been preferred with a delay of 13 years, 10 months and 22 days, reckoning the delay after giving benefit of relaxation of five years provided under the Rules of 1974.
(2.) Heard Sri Devesh Mishra, learned counsel for the petitioner, and Sri Sharad Chandra Upadhyay, learned State Law Officer on behalf of all the respondents.
(3.) Learned counsel for the petitioner has submitted that the delay is not an absolutely disabling feature in case of minors and has placed reliance upon a decision of a Division Bench of this Court in State of U.P. and others v. Antariksha Singh , 2019 (7) ADJ 685 (DB). He has referred to Paragraphs- 10, 11 and 12 of the report in State of U.P. and others v. Antariksha Singh ( supra) which read as under: "10.In the instant matters, if no claim is made by the respondent-petitioner for invoking relaxation clause by satisfying requirements of second proviso, then there is no need to forward the same to the State Government to consider the case in light of first proviso to Rule 5 of the Rules of 1974. 11. At this juncture, it would also be appropriate to state that while considering the case of undue hardship several factors are required to be kept in mind including economic status of the family, the term of relaxation desired and the stage on which relaxation is claimed. 12. As already stated, learned single Bench has directed to forward the case of the respondent-petitioner to examine undue hardship without arriving at the conclusion that whether any relaxation is claimed by her or not by pleading the undue hardship." ;