- (1.) HEARD Mr.Amrendra Nath Tripathi, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has assailed the order dated 12th of January, 2012, passed by the State Government, whereby the petitioner's application for providing relaxation in moving the application for employment on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (in short Rules, 1974), has been rejected on the ground that the petitioner had become major on 29th of June, 2005, but he moved the application for employment at first time on 9th of February, 2007 i.e. after two years of becoming him major.
(3.) THE petitioner's father died on 14.11.1998 while in service in the U.P. Police Department. The petitioner was minor on the date of death of his father. Rule 5 of the Rules, 1974 provides five years time to make an application for employment from the date of death of the Government Servant by the member of his family, who is not already employed in the Government establishment. However, proviso of the Rule 5 provides some relaxation in the requirement of moving the application within five years as it provides 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. A bare perusal of the order impugned speaks that the petitioner's request to provide relaxation in moving the application, has been rejected only for the reason that he moved the application with the delay of two years after becoming major, but the petitioner's hardship has not been considered at all which is a requisite condition for consideration of the application.;