- (1.) Heard Mr Ramesh Pandey, learned Counsel for the petitioner and Sri Badrul Hasan, learned Additional Chief Standing Counsel.
(2.) In short, the facts of the case are that Late Shri Rama Shanker Mishra, while working as Collection Amin at Tehsil Bighapur, District Unnao, died on 1.10.1996 leaving behind his widow, three daughters and a son. The mother of the petitioner (Smt.Vijaya Devi) moved an application on 28.8.2000 before the District Magistrate, Unnao, stating therein that her husband expired on 1.10.1996 leaving behind three daughters and one son and daughters, who were of marriageable age and were not inclined to take up any employment. The only son (the petitioner), who was studying in Class X, is not eligible for appointment as he is minor and will attain majority in the year 2004. It was further indicated in the application that the deceased's wife (Smt. Vijaya Devi) is neither qualified nor is able to take up employment due to her continued illness. In this situation, it was, thus, prayed that in view of amended provisions of Section 5 of the Uttar Pradesh Recruitment of Dependents of Government Servant Dying in Harness Rules 1974 ( in short referred to as "1974 Rules") period of five years may be relaxed in respect of her son and he may be considered for employment and a post be kept reserved for employment of her son under the Rules.
(3.) The mother of the petitioner, Smt. Vijaya Devi moved an application dated 11.8.2004 before the District Magistrate, Unnao, stating therein that her son, namely, the petitioner, had become major and he may be given compassionate appointment under the provisions of 1974 Rules. The said request of the petitioner's mother for appointment was declined by means of the impugned order dated 8.7.2005.;