JUDGEMENT
R.B.Misra, J. -
(1.)Heard Sri Ashwani Kumar Misra, learned counsel for the petitioner and Sri Sandeep Mukherjee learned standing counsel for the State.
(2.)In this petition the prayer has been made for quashing the order dated 21/24.7.1999 (Annexure-8) passed by the respondents rejecting the claim of the petitioner for appointment on compassionate ground under U.P. Recruitment of Dependants of Government Servant, Dying in Harness Rules, 1974 (in short called the 'Rules 1974' hereinafter), with further prayer commanding the respondents to provide suitable employment to the petitioner No. 2 under the 'Rules 1974'.
(3.)The brief facts necessary for adjudication of the present petition are that the husband of petitioner No. 1 and father of the petitioner No. 2 late Prem Pal Singh, died on 15.3.1992, leaving behind his wife, i.e., petitioner No. 1 his two sons (elder son being petitioner No. 2) and two minor daughters. One of the daughter died few years back as the petitioner could not arrange required medical facilities for her. The application for grant of compassionate appointment was moved on 15.10.1996 for the compassionate appointment of petitioner No. 2, followed by the reminder letter dated 10.1.1997 and 7.2.1998. On 7.2.1998 the case of the petitioner was recommended for which medical examination was to be done by the Chief Medical Officer, Bijnor (Annexure-4 to the writ petition). However, the department in the counter-affidavit has indicated that the date of filing of the first application for compassionate appointment is 7.2.1998 and that no application was filed prior to the said date. The department has rejected the claim of the petitioner oh 21/24.7.1999 primarily on the ground that it was beyond the period of limitation prescribed under the 'Rules, 1974' and such rejection, was challenged by the instant writ petition.
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