SHARMA, J. - (1.) MEANINGFUL question for consideration in the instant writ petition is-whether in the matter of compassionate appointment, a minor is entitled to apply on attaining the age of majority ?
(2.) THE petitioner was born on July 8, 1982 and on September 5, 1997 when his father Ganga Ram died the petitioner had just crossed fifteen years. THE petitioner's father at the time of death was working as Cattle Guard under the respondents. On attaining the age of 18 years the petitioner moved application seeking appointment on compassionate ground under the Rajasthan Recruitment of Dependents of Government Servant Dying while in Service Rules, 1996 (for short 1996 Rules ). The respondent No. 2 vide order dated August 17, 2001 rejected the application on the ground that it was filed after the expiry of 45 days (the limitation period prescribed for filing such applications ). The petitioner was informed accordingly vide letter dated October 8, 2001. In this writ petition the petitioner has prayed to set aside the said orders. I have reflected over the rival submissions. Section 6 of the Limitation Act, 1963 mandates that a minor may make an application within the same period, on attaining the age of majority, as would otherwise have been allowed from the time specified therefor. Thus in view of section 6 the petitioner was entitled to move application for compassionate appointment on attaining the age of majority. My view finds support from Maya L. Dhingrami vs. The UCO Bank (2002 (5) WLC (Raj.) 763 = (RLW 2002 (1) Raj. 650) wherein it was held that even though the provision for providing the appointment on compassionate grounds is basically for giving immediate relief to the party concerned, but in a given case when the entitlement is conferred on minor, such minor is entitled to apply within the limitation prescribed on attaining the age of majority. Such application can not be rejected only on the ground of delay and laches.
(3.) FOR these reasons I allow the writ petition and set aside the impugned orders. I remand the matter to the Chief Conservation FORest Jaipur for considering the application of the petitioner to pass appropriate orders under 1996 Rules, within sixty days of the receipt of the order. No costs. .;