PARWATI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Siddharth Bisht, the learned counsel holding the brief of Mr. Hari Om Bhakuni, the learned counsel for the petitioner and Mr. Paresh Tripathi, the learned brief holder for the State.

(2.) THE petitioner's husband was appointed as a Seasonal Collection Peon and, having worked for more than eight years, died on 16.12.2008. In the meanwhile, the petitioner's husband had filed a writ petition no.301 of 2004 (S/S) in which an interim order dated 31st March, 2004 was passed restraining the respondents not to give any artificial break and continue to take work from the petitioner's husband if the work was available. It is alleged that pursuant to the interim order, the petitioner's husband continued to work till he died on 16.12.2008. Upon the death of the petitioner's husband, the petitioner, being the widow of the deceased, applied for an appointment on compassionate grounds under the Dying-in-Harness Rules. This application was rejected by the impugned order on the ground that the petitioner's husband was not appointed in a regular capacity. THE petitioner has filed the present writ petition praying for a writ of certiorari for the quashing of the order dated 14.09.2009 passed by the respondent no.1.

(3.) THE aforesaid definition of a Government servant indicates that the Government servant must be employed in a permanent or in a temporary capacity and, if not regularly appointed, the Government servant must have put in three years of continuous service in a regular vacancy in such employment.