VINIT KOTNALA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present writ petition has been filed by the Petitioner for quashing the order dated 5.10.2005 passed by the Superintendent of Police, Uttarkashi. Further prayer has been made for a direction to the Respondents authorities to appoint the Petitioner against Class IV post in the Department on the basis of U.P. Recruitment of Dependants of Government Servants Dying-In-Harness Rules, 1974 (hereinafter referred to as Dying-In-Harness Rules).

(2.) The Respondents filed counter affidavit and submitted that on the basis of Dying-In-Harness Rules, all the pensionary benefits and gratuity had already been released in favour of the Petitioner but the claim of the Petitioner for compassionate appointment on the basis of Dying-In-Harness Rules is not admitted. The representation of the Petitioner for compassionate appointment under the Dying-In-Harness Rules was referred to Police Headquarter, Dehradun. The Additional Inspector General of Police (Administrative), Police Headquarter, Dehradun vide letter dated 8.9.2005 clarified that the claim of the Petitioner regarding compassionate appointment is not covered under Dying-In-Harness Rules, 1974.

(3.) I have heard Shri M.C. Kandpal, learned Senior Advocate assisted by Shri S.S. Chaudhary, learned Counsel for the Petitioner and Shri M.C. Tiwari, Additional Chief Standing Counsel for the State/ Respondents and perused the record.