SUNIL AMBWANI,J. - (1.) HEARD Sri B.B. Paul learned Counsel for the petitioner. Sri Amit Sthelkar for the District Judge, Aligarh and learned Standing Counsel for the respondents 1 and 3.
(2.) BY this writ petition, the petitioner has prayed for a direction to quash the order dated 29 -1 -2003 passed by the Special Secretary, Government of U.P., in pursurance of directions issued by this Court on 15 -4 -2002 in Writ Petition No. 1254 of 2002, for deciding the petitioner's application for condonation of delay with representation for compassionate appointment. The compassionate appointment to the dependants of the deceased Government servant dying in harness, is provided in the State under U.P. Recruitment of the Dependants of Government Servants, Dying in Harness Rules, 1974. These Rules were amended by a Notification dated 13 -10 -1973 inserting a proviso to Rule 5 (1), providing for relaxation of the period of five years in making the application. The amended Rule 5 (1), with the proviso is quoted as below: 5. Recruitment of a member of the family of the deceased. -(1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government, or a Corporation owned or controlled by the Central Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned and controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relation of the normal recruitment rules if such person - (i) fulfils the educational qualifications prescribed for the post. (ii) is otherwise qualified for Government service, and (iii) makes the application for employment within five years from the of death of the Government servant: Provided that where the State Government is satisfied that 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 equitable manner.
(3.) LATE Smt. Kusum Rani Pathak was employed in Civil Court, Aligarh. She died on harness on 11 -4 -1990. At the time of her death her son, the petitioner was minor. On attaining majority he made an application for compassionate appointment on 2 -7 -1998. The application was forwarded to the State Government, which by its order dated 14 -12 -1999 took a view that since the application has been given after a period of five years, the relaxation cannot be given. The petitioner challenged the order in writ petition No. 1254 of 2000, which was allowed on 15 -4 -2002 on the ground that the State Government has not considered the relevant facts and did not apply its mind, in rejecting the application. It was found that the State Government has exercised power arbitrarily without considering the facts of the case of the petitioner. The application was directed to be decided afresh in accordance with law.;