TARUN AGARWALA,J. - (1.) THE petitioner's father was working as a Constable. On 30 -12 -1982 an F.I.R. was lodged stating therein that the petitioner's father was missing. An investigation was made and the police submitted a report before the competent Court, stating therein that the petitioner's father is missing. The said report was eventually accepted by the Court wherein the father of the petitioner was declared missing. The matter did not end here. The petitioner's mother filed Original Suit No. 49 of1992 before the Court of Munsif. The suit was eventually decreed by a judgment dated 24 -4 -1992 and the Court declared that the petitioner's father was dead.
(2.) THE petitioner's date of birth is 01.06.1979. Upon reaching the age of 18 years, the petitioner moved an application for an appointment on compassionate ground. Subsequently, in the year 1999, another application was moved. The petitioner's request for an employment was rejected by an order dated 28 -1 -2000. Consequently, the present petition has been filed for the quashing of the order dated 28 -1 -2000 and for issuance of a direction to the respondents commanding them to appoint the petitioner on compassionate ground under the Dying in Harness Rules 1974. A perusal of the impugned order indicates that the petitioner's application had been rejected on the ground that the Dying in Harness Rules 1974 was not applicable to the heirs of missing persons and therefore, the petitioner could not be given an employment on compassionate ground. Heard learned counsel for the parties and perused the record.
(3.) BEFORE proceeding any further, it would be appropriate to quote Rule 5 of the Dying in Harness Rules 1974.;