Rakesh Tiwari, J. - (1.) Heard Counsel for the parties and perused the record.
(2.) The father of the petitioner died in harness on 5.3.1988 while working as Telegram Messenger in erstwhile Indian Post and Telegraph Department. Thereafter the mother of the petitioner also expired on 4.3.1988.
(3.) The Counsel for the petitioner has urged that at the time of death of his father the petitioner was only seven years old, his sister was four years old and younger brother was 4 months old. On 18.1.1999 he had submitted an application to the Incharge Superintendent, Central Telegraph Office, Bareilly requesting for payment of pension and outstanding dues as well as appointment on compassionate ground under the Dying in Harness Rules in the department. On 19.10.2000 the petitioner had given an application to the Sub-Divisional Engineer. C.T.O. Bareilly for payment of pension and outstanding dues as well as appointment on compassionate ground. He had received a letter dated 20.7.2001 for furnishing an affidavit giving details of total liabilities etc. and Income Tax Certificate is also required to be annexed therewith. The petitioner submitted an affidavit along with the document as desired by letter dated 20.7.2001 which was forwarded by the Sub-Divisional Engineer (Administration) G.M. Tele-Communication, Bareilly.;