- (1.) Petitioner's father died on 18.9.1975. It is alleged that petitioner was aged about one year at that time and after he became major, an application for appointment on compassionate ground was moved on 20.8.1998. The application since had been filed after expiry of more than 5 years of death, as such, matter was forwarded to the State Government. The State Government in terms of its jurisdiction under the proviso to Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 refused to condone the delay, as such claim of petitioner for grant of compassionate appointment has been rejected vide order dated 27.9.1999. Aggrieved by the said order, petitioner has filed the present writ petition.
(2.) Learned counsel for the petitioner submits that the proviso of Rule-5, which puts a limitation of 5 years in moving of an application for grant of compassionate appointment, has to be read in the context of a minor as 5 years upon attaining the age of majority, and any contrary interpretation would be hit by Article 14 and 21 of the Constitution of India.
(3.) A counter affidavit has been filed, disputing petitioner's claim on the ground that as per High School certificate, petitioner's date of birth is recorded as 30.5.1979 which is 4 years after the death, and as such, petitioner can neither be the son of deceased employee nor his dependent. It is stated that even otherwise no justifiable cause has been brought on record to condone the delay of 5 years specified in the Rules of 1974, in filing of the application.;