Devendra Kumar Upadhyaya, J. - (1.) Heard learned counsel for the petitioner, Sri Rakesh Kumar Singh and the learned Standing Counsel representing the State-respondents.
(2.) The petitioner, who is claiming compassionate appointment, by filing this writ petition, has challenged the order dated 30.12.2013, passed by the State Government, whereby his claim has been rejected on the ground of same the being barred by time in terms of the provision contained in Rule 5 of U.P. Recruitment of the Dependants of Government Servants (Dying in Harness) Rules, 1974 (herein after referred to ''1974 Rules').
(3.) The basic premise on which the impugned order passed by the State Government has been challenged is that the State Government while considering the claim of the petitioner for condoning the delay under the first proviso appended to the aforesaid Rules, 1974 has mechanically passed the order without applying its mind to the facts and circumstances of the case and since it was a case of undue hardship, the State Government ought to have taken into consideration the factors leading to undue hardship of the family of the deceased employee and having not done so the State Government has erred in law.;