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2016 DIGILAW 765 (UTT)

Km. Beerbala v. State Of Uttarakhand

2016-10-24

SUDHANSHU DHULIA

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JUDGMENT : Sudhanshu Dhulia, J. The petitioner is the daughter of Mr. Munna Lal - deceased, who was a Class-IV employee in the Medical, Health & Family services. At the time of his death he was posted at Doon Hospital, Dehradun, who had died while in harness on 14.12.2009. It appears that the petitioner had earlier moved an application for appointment on compassionate ground on 08.11.2010 before the authority concerned. On the said application of the petitioner, an order was passed on 27.03.2015 by Additional Secretary, Medical Health & Family Welfare, Dehradun by which he has been stated that the case of the petitioner is not covered under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. This order is presently challenged by the petitioner before this Court. 2. The submission of the learned counsel for the petitioner is that no reasons have been assigned while passing the impugned order whereas in the counter affidavit it has clearly come that the appointment cannot be given to the petitioner as the mother of the petitioner was already under employment of Ayurvedic Department Medical, Health services in the Class-IV post. The appointment on compassionate ground cannot be granted to the petitioner in view of Rule 5 (1) of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, which reads as under:- “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 Corporate 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. (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.” (emphasis supplied) 3. Considering the above provision of law, it is clear that in case the spouse of the deceased is not already employed in the Central Government or a State Government or a Corporation owned or controlled by Central Government or a State Government, shall move an application for compassionate ground before the authority concerned. Here in the present case, it is an admitted fact that the wife of the deceased was already working in the State Government. Therefore, the petitioner, who is the daughter of the deceased, is ineligible for appointment on compassionate ground. The claim of the petitioner has rightly been rejected by the authority concerned. 4. Considering the above facts and circumstances of the case, no relief can be granted to the petitioner at this stage. 5. Accordingly, the writ petition fails and is hereby dismissed.