Court No. - 6 Case :- SERVICE SINGLE No. - 4641 of 2010 Petitioner :- Vinay Prakash Pathak Respondent :- State Of U.P. Through Principal Secy.Home And Others Petitioner Counsel :- Rajendra Pratap Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri Rajendra Prasad, learned counsel for the petitioner and
learned Standing counsel for the opposite parties.
Petitioner’s father died in harness in the year 1990. Petitioner was
minor at that time. The mother of the petitioner moved application
for pensionary benefits and the Government took seven years to
ascertain the fact that extraordinary pension will be paid or not.
Later on an application for appointment under Dying in Harness
rules was moved in January, 2007. The case was rejected on the
ground that the petition was highly belated and the petitioner had
crossed the age limit. The matter was sent to the State Government
for age relaxation that too has been rejected on three grounds.
Firstly, that the application is highly belated, secondly that the
mother refused to take the appointment under Dying in Harness
Rules and thirdly that the pension of Rs.6000/- is being paid to
the petitioner’s mother. After rejection of the application by the
State Government in 2008 the petitioner has approached this Court
in 2010. Thus, the petitioner has approached this Court after 20
years of the death of his father. Petitioner is a graduate and he has
been able to maintain himself throughout this period of crisis and
able to sustain himself and get the education up to graduation
level.
Petition is highly belated. There is a limit when this Court can feel
compassion and indulge in such a matter. Petition is dismissed on
the ground of extraordinary delay.
Order Date :- 13.7.2010
RKM.