DINEH CHANDA GARKOTI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner to the present writ petition has prayed for quashing of the order dtd. 2/7/2019, which has been passed by respondent No. 3, herein and simultaneously a prayer of a writ of mandamus has also been sought to appoint the petitioner on a suitable post on compassionate grounds.

(2.) The brief facts, which has been brought on record, and pleaded by the petitioner in the present writ petition is, that he has contended, that his father, who was the confirmed employee and was working as class IV employee, as Anusevak in the School Education Department, had met with the sad demise on 16/2/2019. Subsequent to his death, being one of the members of the family, the petitioner has raised his claim to be considered for appointment on compassionate grounds; based on the qualification, which he had claimed to have possessed at the relevant point of time but the claim of the petitioner had been rejected by the impugned order dtd. 2/7/2019, on the ground that the elder brother of the petitioner and the elder son of the deceased since he was already employed in ITBP, hence in that eventuality, the claim of the petitioner under Rule 5 of the Dying-in-Harness Rules, cannot be considered for appointment on compassionate grounds.

(3.) In support of this contention, the learned counsel for the petitioner had submitted that if Rule 5 of the Dying-in-Harness Rules; itself is taken into consideration, which is extracted hereunder, in fact, if a logical interpretation is given to the said provision, it nowhere provides for or creates any embargo that if one of the family members of the deceased is already employed in a government department, it would impede the rights of another member of the family to be appointed under the Dying-in-Harness Rules, except that of the spouse of the deceased government servant. [5. Recruitment of a member of the family of the deceased.-(1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person-