- (1.) Heard Shri P.N. Tripathi, learned counsel for the petitioner; learned Standing Counsel for the respondent no.1 and Shri Nripendra Mishra, learned counsel for respondent nos.2 and 3. By means of present writ petition, the petitioner has prayed for following reliefs:- "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.07.2011 passed by respondent no.2. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide appointment to the petitioner under Dying-in-Harness Rules at an early date, in accordance with law."
(2.) It appears from the record that the mother of the petitioner was working as a Petrolman in the office of Vidyut Vitran Upkhand-II at 33/11 K.V. Bandawar. She retired on attaining the age of superannuation on 30.04.2011. On the last date of her working i.e. 30.4.2011 she sufferred from heart attack as a result of which she died at 7.00 p.m. on the same date. The petitioner passed his High School Examination in the year 1998; Intermediate Examination in 2001 and Graduation in the year 2004. Being a dependant, the petitioner made an application for appointment in place of her mother under Dying-in-Harness Rules before the respondent no.2 on 14.5.2011. It is submitted that under the law the mother of the petitioner shall be treated in service upto to 24.00 Hours on 30.04.2011.
(3.) The respondent no.2 vide impugned order dated 27.7.2011 rejected the application of the petitioner for appointment under Dying-in-Harness Rules on the ground that since the mother of the petitioner died on 30.4.2011 after retirement ceremony, the petitioner shall not be given any appointment under the Rules. It is averred that the finding recorded by the respondent no.2 in the impugned order dated 27.7.2011 that the mother of the petitioner died after retirement ceremony is absolutely incorrect and no such ceremony was conducted as alleged in the impugned order dated 27.7.2011. The mother of the petitioner faced heart attack on 30.4.2011 while she was in service and she was hospitalized where ECG etc. was conducted but she died about 7.00 p.m. on 30.04.2011. Admittedly the petitioner's mother died on 30.04.2011 at about 7.00 p.m. on account of heart attack, she shall be treated in service on 30.04.2011 upto 24.00 Hrs. The impugned order dated 27.7.2011 was received by the petitioner through registered post in the Month of August 2011. The financial condition of the petitioner was not good. He somehow arranged for money and thereafter he could be able to engage a counsel. The delay in filing the writ petition is bonafide and the same may kindly be condoned.;