- (1.) HEARD Mr Ramesh Kumar Srivastava, learned counsel for the petitioner as well as learned Standing Counsel. Through the instant writ petition, the petitioner claims compassionate appointment on the demise of his father while in service. He has also prayed for issuing a writ of certiorari quashing any order, if there. The order dated 19 th July, 1994, rejecting the petitioner's claim of appointment is on record as annexure no. 2.
(2.) THE facts of the case are that petitioner's father was working on the post of Beldar. While working on the said post, he died on 16.11.1974. The petitioner has mentioned his date of birth as 20.11.1974, which shows that he had just born before the death of his father. After becoming major, he made an application for compassionate appointment in 1993 which has been rejected by means of order dated 19 th July, 1994 ( Annexure No. 2).
(3.) LEARNED counsel for the petitioner submits that in such a situation the seeker of appointment becomes entitled to get an appointment after becoming major in age. In support of his submission he cited following decisions; (1)Vivek Yadav Vs. State of U.P.,2010 4 UPLBRC 2776, (2)Subhash Yadv Vs State of U.P., 2011 1 UPLBEC 494, (3)Manoj Kumar Saxena Vs State of U.P., 2013 1 UPLBEC 183. (4)Smt. Asha Rani Vs. State of U.P, 2012 5 AllLJ 335 (5)Syed Shujaat Hasan Vs. District Judge, 1999 17 LCD 120 (6)Manoj Kumar Saxena Vs. State of U.P., 2000 2 UPLBEC 1694 (7)Girja Shanker Vs. State of U.P.,2004 22 LCD 93 (8)Awadhesh Kumar Vs CAT, 2010 1 AllLJ 272. The State Government has framed rules named as U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974, which governs such an appointment . Rule 5 empowers the State Government to relax the period for moving an application, but any how it does not provide relaxation of 20 years to move an application.;