JANKI DEVI Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties. By means of this petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to consider the appointment of the petitioner on compassionate ground under Dying and Harness Rules.

(2.) Brief facts of the case are that petitioner's husband was appointed as a Dozer Cleaner in the Public Works Department in the year 1999 as a Muster roll employee. After completion of seven years of satisfactory service on muster roll, he was absorbed in the work charge establishment. It is further stated in the petition that on 6/12/2006, petitioner's husband died in harness. After death of her husband, petitioner moved a representation/application in the year 2008 for her appointment on compassionate ground before Assistant Engineer, P.W.D. Division, Berinag, Pithoragarh. Thereafter, the Executive Engineer of Provincial Division, P.W.D., Didihat, District Pithoragarh wrote to Executive Electric Engineering Division, P.W.D. Pithoragarh, whereby claim of the petitioner was forwarded along with relevant documents.

(3.) Since the application, moved by the petitioner is pending since 2008, therefore, the writ petition is disposed of finally directing the Executive Engineer, Electrical/Mechanical Division, P.W.D., Pithoragarh, to take decision on the application of the petitioner for her appointment under Dying and Harness Rules, preferably within a period of 8 weeks from the date of production of certified copy of this order in accordance with law.