V.C.MISRA,J. - (1.) HEARD Shri R.P. Mishra learned Counsel for the petitioner and Shri A.K. Goel learned Counsel for the respondents. Counter and rejoinder affidavits have been exchanged. On the joint request of learned Counsel for the parties this writ petition is being disposed off at the admission stage itself under the Rules of Court.
(2.) BY means of this writ petition the petitioner has prayed for quashing of the impugned order dated 12 -10 -2000 (Annexure -14 to the writ petition) passed by respondent No. 1 rejecting the claim of the petitioner providing appointment on compassionate ground. The facts of the case in brief are that the father of the petitioner who was accountant in PMV Polytechnic, Mathura died on 18 -6 -1992. Respondent No. 1 offered a job to one of the family members on compassionate ground through a letter dated 1 -7 -1992 addressed to the widow of the deceased for a Class -IV post. In response to the same, son of the deceased Sri Suresh Chandra requested the respondents to appoint him on Class -III post and he declined to accept the job on Class -IV post. The respondents could not provide him the job in Class -III post as he was not found eligible for want of necessary qualification required for the said post. Being aggrieved, Sri Suresh Chandra filed a Civil Misc. Writ Petition No. 25711 of 1993 which is still pending before this Court. Meanwhile, Sri Suresh Chandra secured a job somewhere else. In 1998, the petitioner moved an application before the respondents with a request that she may be provided with a job on compassionate ground in terms of the U.P. (Recruitment of Government Servants) Dying in Harness Rules, 1974 applicable to the respondents -institution. The respondents, rejected the request of the petitioner on the ground that the request was made belatedly and beyond 5 years the time fixed in the statutory Rule 5. The petitioner being aggrieved filed the present writ petition.
(3.) LEARNED Counsel for the petitioner has submitted that these rules have been subsequently amended by Fifth Amendment in the year 1999. Rule 5 as substituted after amendment reads as follows: (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 or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall on making an application for the purposes, be given a suitable employment in Government services on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person: (i) fulfills 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 date of the death of the Government servant. Provided 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 the necessary for dealing with the case in a just and equitable manner. ;