By the Court.—This appeal is directed against the judgment of the learned single Judge dated 22.10.2010 dismissing the writ petition and upholding the order dated 11.3.2010 passed by the State Government in relation to the claim of the petitioner for being appointed under the compassionate appointment Rules.

2. The facts, as disclosed in the writ petition and also entailed in the judgment of the learned single Judge, indicate that the appellant’s father died-in-harness on 8.8.1994 when the petitioner was only 6 years old. The application for compassionate appointment was made after the appellant became a major on 5.12.2005. The State Government refused to accord relaxation vide order dated 29.6.2007 which has been reiterated in the order dated 11.3.2010. Assailing the same, the appellant filed a writ petition giving rise to the present appeal which has been dismissed after relying on several judgments of the Apex Court and in particular the judgment in the case of State of Haryana v. Rani Devi, (1996) 5 SCC 308. The learned single Judge found that no such Rules were available that would allow the benefit of relaxation in moving of an application for compassionate appointment to a minor after attaining the age of majority.

3. Learned Standing Counsel, on the other hand, submits that there is no vested right in the appellant to claim appointment on compassionate basis and the learned single Judge has found that since the appellant has been able to survive for the past 16 years, therefore, the same is an indicator that the appellant is not in immediate need of any such compassionate consideration hence the learned single Judge has rightly refused to exercise his discretion in favour of the appellant.

4. Coming to the first contention in relation to the power to be exercised for relaxation, it would be relevant to point out that there is no dispute between the parties that the power to relax the period for moving such an application vests in the State Government as contained in The U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. Rule-5 and Rule-8 of the said Rules is quoted herein below :

“5. Recruitment of a member of the family of the deceased.—(1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person—

(i) fulfils the educational qualifications prescribed for the post,

(ii) is otherwise qualified for Government service, and,

(iii) makes the application for employment within five years from the date of the death of the Government servant:

Provided that where the State Government is satisfied that the time-limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner.

(2) As far as possible, such an employment should be given in the same department in which the deceased Government servant was employed prior to his death.

(3) Each appointment under sub-rule (1) should be under the condition that the person appointed under sub-rule (1) shall upkeep those other family members of the deceased Government servant who are incapable for their own maintenance and were dependant of the above said deceased Government servant immediately before his de