RAJMATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Rakesh Thapliyal, learned counsel for the petitioner as well as Mr. Raman Kumar Shah, learned Standing Counsel for the Union of India.

(2.) The petitioner is a widow of one Sri Prem Singh Negi who was an employee in the Indian Postal Services who died in 2003 while in harness. The petitioner moved an application under the Dying in Harness Rules applicable to the Central Government Employees. Her application was, however, rejected. Although the order by which her application was rejected has not been annexed with the present writ petition but in reply to the averments made in the writ petition, the Central Government has assigned the reasons for rejection of the claim of the petitioner for appointment under the Dying in Harness rules stating that only 5 per cent of the total vacancies of Group D can be filled under the Dying in Harness Rules and since there was no such vacancy, her application was rejected. Although this order has neither been annexed by the petitioner or the respondents, Mr. Raman Kumar Shah, counsel for the respondents admits that the basic reason for the refusal of the petitioners application is non-availability of post to be filled by way of appointment under Dying in Harness.

(3.) Learned counsel for the petitioner contends that meanwhile on an information sought under the Right to Information Act, he has been informed that there are five vacant posts which are to be filled by way of appointment under Dying in Harness. The petitioner has also annexed this document to the rejoinder affidavit. On this contention, Sri Raman Kumar Shah, learned counsel appearing for the Union of India fairly states that the department concerned shall hear the petitioner again in case such vacancies are existing. This writ petition is therefore disposed of with the direction that the petitioner shall move a fresh representation before the concerned authorities. The representation of the petitioner will be decided by the concerned authorities with the speaking order within six weeks from the date of production of a certified copy of this order.