N.K. Mitra, C.J. and S. R. Singh, JJ. - (1.) Appeal on hand stems from the Judgment and order dated 4.11.99 passed In Writ Petition No. 46695 of 1999 thereby dismissing the writ petition in limine. The facts constitutive of the grievances of the appellant is that the appellant's father who was serving In the U. P. State Road Transport Corporation, died in harness on 21.8.1984. At the time of the death of his father, the appellant was minor and he attained majority on 12.12.98. He applied for compassionate appointment on 23.2.99 permissible under the provisions of the U. P. (Recruitment of Government Servants) Dying-in-Harness Rules, 1974. The claim of the appellant for compassionate employment under the Dying-in-Harness Rules met the fate of rejection at the end of Regional Manager, U. P. State Road Transport Corporation. Aligarh vide order dated 30.6.1999 premised on the ground that the application was not moved within five years of the death of the employee.
(2.) The learned single Judge dismissed the writ petition. The quintessence of the order dismissing the writ petition is that after such a long time of death of the deceased, the right of the claimant stood extinguished.
(3.) We have heard Sri Dhan Prakash, learned counsel for the appellant and Sri Samir Sharma. counsel appearing for the respondent No. 2.;