- (1.) HEARD counsel for the parties and perused the materials on record.
(2.) BY this petition, the petitioner seeks a writ in the nature of mandamus commanding respondent No. 2- Special Secretary, Shiksha Anubhag-5, U. P., Lucknow to decide peti­tioner's representation dated 10-11-1999 ap­pended as annexure-2 to the writ petition, wherein a prayer was made for providing ap­pointment under dying in harness rules. The petitioner's father who was work­ing as assistant teacher, died in harness in the year 1984 and the representation aforesaid was made seeking appointment in the year 1999.
(3.) COUNSEL for the petitioner has relied upon paragraph 6 of a Division Bench judgment of this Court in Chairman/Managing Director, U. P. Power Corporation Ltd. and others v. Jitendra Pratap Singh and another, (2008) 2 UPLBEC 1527: (2008 (4) ALJ 416) which is as under: "Thus, the proviso grants power of relax­ation where the Board is satisfied that the time limit for making an application would cause undue hardship in the particular case. In the present case, undoubtedly the respondent No. 1 could not have applied when he was minor. It is only when he became major he could apply which he did not within a month. That application had thus come to be entertained by the appellants. ;