PUSHPA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Shri C.K. Sharma, the learned Counsel for the Petitioner and Shri Subhash Upadhyaya, the learned Brief Holder for the State/Respondents.

(2.) The Petitioner's husband was appointed as a Driver in November, 1987. From the record, it transpires that he was shifted in the work charge establishment on 19th March, 2005. The Petitioner's husband died in harness on 14/11/2007 and, upon his death, the Petitioner applied for appointment on compassionate ground under the dying-in-harness rules. The Petitioner's application was rejected by the impugned order on the ground that the Petitioner was appointed by a backdoor method and, consequently, in the light of the judgment of the Supreme Court in the case of Secretary, State of Karnataka v. Umadevi, 2006 AIR(SCW) 1991, the contention of the Petitioner cannot be considered for appointment on compassionate grounds.

(3.) Having heard the learned Counsel for the parties, this Court is of the opinion that the stand taken by the opposite party is patently misconceived. Before proceeding further, it would be relevant to peruse Rule 5 of the U.P. Recruitment of Dependants of Government Servants Dying In Harness Rules, 1974 (hereinafter referred to as 'Rules of 1974') which, for facility, is extracted below: