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Allahabad High Court · body

1992 DIGILAW 296 (ALL)

Ashadevi Asthana v. Director-General, Home-guards

1992-02-26

SRI M.KATJU

body1992
JUDGMENT Sri M. Katju, J. - The petitioner's husband died in harness on 26 May 1991 while working in the Office of the District Home-guards, Allahabad, leaving behind him the petitioner as his widow and five minor children. The petitioner's husband died of cancer and she has stated in Para. 3 of the writ petition that a lot of financial expenditure has been incurred over his illness. The petitioner has stated in Paras. 2 and 4 of the writ petition that the entire burden of family is on her shoulders. 2. The petitioner has passed High School in II Division, Visharad in II Division and Sahitya Ratna First part. True copies of certificates are Annexures 1 to 3 to the writ petition. Thus the petitioner is fully entitled to be appointed as Class III employee in the office of the Home-guards. She also claims that she knows Hindi typing and has worked an application for suitable job. True copy of the application is Annexure 4 to this writ petition. She also claims that she visited the Office of respondent 2, District Commandant Officer, Home-guards, Allahabad, twice but to no avail. 3. In my opinion the writ petition deserves to be allowed. The petitioner is entitled to the benefit of the Dying in Harness Rules as well as the benefit of the Government order, dated 21 December 1973 (Annexure 5 to the petition.) Accordingly I direct respondent 2 to give a clerical job to the petitioner in his office within one month of production of certified copy of this order. If there is no vacant clerical job available in the office then such a job should be created to accommodate the petitioner within the aforesaid period. Respondent 1 will also do the needful for compliance of this order. 4. With the aforesaid observations, the writ petition is allowed. There shall he no order as to cost".