S.N.Srivastava, J. - (1.) By means of the present petition the petitioner seeks issuance of a writ of mandamus directing respondents to offer appointment on the post of clerk in the department.
(2.) The facts forming background to the present petition are that Satpal Singh, father of the petitioner who was serving as clerk in the Distribution Division at Baghpat died-in-harness on 31.12.1993. The petitioner being minor at the relevant time and the widow who according to the allegations in the writ petition was shockingly unaware of the consequences could apply for compassionate appointment after lapse of a span of six years and the said application was acted upon by the General Manager, U.P. Power Corporation, Meerut Region, Meerut who commended the case for compassionate appointment to the Head Office the quintessence of which was that though the application had been made after a lapse of six years beyond the time limit prescribed in the Dying-in-Harness Rules, yet in peculiar circumstances the rigours of five years should be relaxed and approval for appointment may be communicated to his office. It would further appear that the petitioner received communication dated 16.4.2003 by which it was intimated that his application forwarded to the Head Office, had been received back without any orders thereon. It is in this background that the petitioner has preferred the instant petition for the relief aforestated.
(3.) Heard learned Counsel for the parties and perused the materials on record. The learned Counsel for the petitioner in connection with his proposition has drawn attention to Regulation 5 of the relevant Regulations which envisages time-limit of five years for moving of application for availing of the relief under the Dying-in-Harness Rules. The learned Counsel has made a particular reference to proviso to Regulation 5 which envisages as under: "Provided that where the Board 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 just and equitable manner." After referring to the aforestated proviso, the learned Counsel dwelt upon the miserable condition of the deceased family depicting a dismal picture that the family suffered under financial straits so much so that the elder brother of the petitioner succumbed to his ailment for want of proper medical assistance and that the family is nearly on the verge of famishing for want of resources.;