- (1.) BY means of this writ petition the pe titioner has prayed for a writ of certiorari for quashing the order dated 17. 1 0. 2003, Annexure No 1 0 to the writ petition, whereby the appoint Harness Rules on the ground of delay. The petitioner has further prayed for a writ of mandamus commanding the respondents to appoint the petitioner un der the U. P. Recruitment of Dependents of Government Servants Dying in Har ness Rules, 1974.
(2.) PETITIONER's father late Sri Hari Ram was working as Beldar in respond ent department, who died in harness on 28. 12. 1988. At the time of death of his father, the petitioner was a minor. His date of birth is 1. 7. 1984. The mother of the petitioner died before the death of his father. On attaining the age of ma jority, the petitioner vide his application dated 8. 7. 2002 applied for his appoint ment on compassionate ground under the U. P. Recruitment of Dependents of Gov ernment Servants Dying in Harness Rules, 1974. Thereafter, the respondent no. 3/executive Engineer, PWD Con struction Division, Ranikhet. Almora vide his letters dated 25. 9. 2002 and 3. 12. 2002 (Annexure 3 & 4 to the writ petition) asked the petitioner to submit the necessary documents in order to process his request for compassionate appointment. The petitioner furnished the required documents in compliance of the aforesaid letters. But the appointment under the Dying in Harness Rules was denied to the petitioner on the ground that the petitioner's application was be lated one and, therefore, barred by the limitation. These facts have not been dis puted in the counter affidavit. Undisputedly the petitioner was a minor at the time of death of his father. There was no occasion for the mother of the petitioner to move application for compassionate appointment as she ex pired even before the death of her hus band, immediately after attaining the age of majority, application dated 8. 7. 2002 was moved by the petitioner for com passionate appointment. But the case of the petitioner for compassionate appoint ment was rejected only on one ground that his application for appointment was belated one. Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 contains provision empowering the State Government/appointing Authority to condone the delay in cases where the authority is satisfied. Here in the present case, the delay for not making applica tion by the petitioner within the pre scribed time was due to underage and after attaining the age of majority, the application was made by the petitioner. It was sufficient reason to condone the delay. For the reasons recorded above, the impugned order dated 17. 10. 2003 (Annexure 10 to the writ petition) is set aside. Respondents are directed to re consider the matter in the light of the observations made above. The writ peti tion is disposed of finally with the afore said observation/direction. No order as to costs. .;