JUDGMENT :

1. Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri Govind Narain Srivastava, learned Standing counsel for the State respondent.

2. By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent nos. 3 and 4 to appoint the petitioner under Dying in Harness Rules on any Class IV post in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia.

3. The brief of facts of the present case are that the mother of the petitioner namely Janki Devi was working as Class IV employee (Sweeper) in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia who died on 29.6.1999 in harness during service period. After the death of his mother, petitioner applied for appointment on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (herein after referred to as the 'Rules of 1974') before the Principal Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia on several occasions thereafter, Principal of the Institution forwarded the application of the Petitioner on 22.06.2002 to the District Inspector of Schools, Ballia for consideration of appointment of the petitioner on compassionate grounds, which remain pending till date.

4. Learned counsel for the petitioner further submits that the petitioner has completed all the required formalities for his compassionate appointment under the Rules of 1974. however, the respondent-authorities did not give any response with regard to the same. It is further submitted that there was no delay or negligence on the part of the petitioner, but the delay on the part of the state-respondent, the petitioner was fulfilled all the conditions for appointment on compassionate ground under the Rules of 1974. In support of his contention he placed reliance upon the recent judgment of Hon'ble Apex Court in Malaya Nanda Sethy Vs. State of Orissa and Ors. (S.L.P. (Civil) No. 936 of 2022) decided on 20th May, 2022.

5. On the other hand, learned Standing counsel submits that at the time of death, petitioner was minor and his age was 15 years, 4 four month and 16 days. It is next submitted that application of the petitioner for appointment of compassionate ground has been received in the office of District Inspector of Schools, Ballia in the year-2020, there is no questions of delay on the part of the respondent authority i.e. District Inspector of Schools, District-Ballia. In support of his contention he placed reliance upon the judgment of Hon'ble Apex Court in State of Maharashtra & Anr. Vs. Ms. Madhuri Maruti Vidhate reported in 2022 0 Supreme (SC) 1001; Govt. of India & Anr. Vs. P. Venkatesh reported in 2019 (15) SCC 613 and Central Bank of India Vs. Nitin reported in Manu/SC/1151 of 2022 in which, it is held that appointment on compassionate ground after a number of years from the death of deceased employee shall not be entitled.

6. I have heard the learned counsel for the parties and perused the record.

7. The mother of the petitioner died in harness on 26.9.1999 and at that time, age of the petitioner was 15 years four months and 16 days. The petitioner applied for appointment on compassionate ground in place of his mother on attaining the majority before the Principal of the Institution, who forwarded the said application along with the relevant records to the District Inspector of Schools, Ballia on 22.6.2002, which is apparent from the annexure no.3 to the counter affidavit. The annexure C.A.-2 filed along with counter affidavit is not the report/comment which was alleged to be sought from the Principal of the Institution on 26.9.2020, it is only information after filing the present writ petition and in the said letter, report was sought form the Principal of the Institution within one week which is apparent from the paragraph no.8 to the counter affidavit.

8. The letter of District