USHA SAXENA Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) HEARD Sri Siddhartha Bisht, Advocate for the Petitioner as well as Sri N.P. Sah, Standing Counsel for the State of Uttarakhand.

(2.) THE Petitioner, by means of this writ petition, has challenged the order dated 28.5.2010 by which the forest department has considered and thereafter rejected the claim of the Petitioner for appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (from hereinafter referred to as the Rules). The case of the Petitioner is that her father was an employee in the forest department and died on 1.6.2005 while in harness and subsequently she moved an application for appointment on compassionate grounds under the Rules. Since appointment was not given to the Petitioner, she was earlier constrained to file a writ petition being Writ Petition No. 1489 of 2005 (S/S), which was allowed by a learned Single Judge of this Court with the direction that the Respondent shall consider the appointment of the Petitioner on compassionate ground under the Rules. The operative portion of the order dated 13.4.2010 passed by the learned Single Judge reads as under:

(3.) IN view of this Court, the ground on which the claim of the Petitioner has been rejected is absolutely appropriate. The word "Family" is defined under Rule 2C of the Rules which reads as under: