Court No. - 6 Case :- SERVICE SINGLE No. - 4407 of 2010 Petitioner :- Dushyant Tiwari Respondent :- State Of U.P.Through Prin. Secy. Home Civil Sectt. Lko.And Petitioner Counsel :- A.K.Jauhari Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Head Sri A.K.Jauhari, learned counsel for the petitioner and
learned Standing counsel for the opposite parties.
Petitioner’s father died in the year 1987. Petitioner was minor at
that time. He attained the age of majority in the year 2006 and
approached the authorities for appointment under dying in harness
rules. After two years of persistent request the Additional
Superintendent of Police (Establishment) on behalf of D.I.G., Uttar
Pradesh vide his letter dated 7.3.2008 recommended the case of
the petitioner for granting age relaxation to the State Government.
Learned counsel for the petitioenr says that under Rule 5(1) (3) of
the Dying in Harness Rules, the State Government is empowered
to give age relaxation to the limitation of five years .
Learned Standing counsel has opposed this petition on the ground
that it is highly belated.
Sri A.K.Jauhari argues that since the matter has been
recommended by the authorities themselves, hence the argument
of the learned Standing counsel itself looses significance. Since the
D.I.G., Establishment has forwarded the case sympathetically to
the State Government hence at least the department is debarred
from opposing this petition.
Under the circumstances, the opposite party No.1 i.e. State
Government to whom the representation/application has been
forwarded by the Additional Superintendent of Police vide his
letter dated 7.3.2008, is directed to decide the representation
within three months from the date a certified copy of this order is
placed before him.
With these observations the petition is finally disposed of.
Order Date :- 5.7.2010
RKM.