Neutral Citation No. - 2025:AHC:114085 Court No. - 38 Case :- WRIT - A No. - 3777 of 2020 Petitioner :- Neeraj @ Neeraj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent. 2. This writ petition is filed by petitioner for quashing the order dated 30.12.2019 passed by the respondent no. 2- District Inspector of Schools, Shamli. 3. The issue involved in the present matter is that father of the petitioner has died on 02.12.2012, he was minor at that point of time. The mother of the petitioner has made an application on 07.10.2017 for consider the case of the petitioner under compassionate scheme. The said application has been rejected by the respondent no. 2 only on the ground that as per the Government Order dated 02.12.2019, the application is barred by limitation. 4. Learned counsel for the petitioner has submitted that even according to the said government order if the application are barred by time, the concerned authority has to refer the matter to the Government and government is entitled to take a decision but surprisingly in the instant case the respondent no. 2 has rejected only on the ground of delay. 5. Learned counsel has relied on the decision of this Hon'ble Court in Writ-A No. 1363 of 2020. Wherein the identical issue for consideration by considering the entire scheme and also the provisions of Dying in Harness Rules, 1974 is also the following observations of the Full Bench in Shiv Kumar Dubey and others Vs. State of U.P. and others, AIR 2015 Alld 47 held that State shall consider the matter by taking the observations of paragraph 28 (vii) of the Full Bench and set aside the rejection order therein. Paragraph 28(vii) of the said judgment reads as follow: "(vii) The burden lies on the applicant, where there is a delay in making an application within the period of five years to establish a case on the basis of reasons and a justification supported by documentary and other evidence. It is for the State Government after considering all the facts to take an appropriate decision. The power to relax is in the nature of an exception and is conditioned by the existence of objective considerations to the satisfaction of the Government." 6. Considering the same the impugned orders are set aside. Reminding the matter to the concerned authorities to refer the matter to the State Government for taking the appropriate action as per the Dying-in-Harness Rule 1974 within a period of two months from the date of production of certified copy of this order. 7. Accordingly, this petition stands disposed of. Order Date :- 15.7.2025 Sharad/- (Donadi Ramesh, J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad