RAJESH DEVI Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The husband of the petitioner was appointed in the work charge establishment by an order of 6th June, 1997 and died in harness on 1st July, 2003. The petitioner, being the widow of the deceased, filed an application for appointment on compassionate grounds under the Dying in Harness Rules. Since the application was not decided, the petitioner filed the Writ Petition No.1378 (S/S) of 2004, which was decided by judgment dated 4th May, 2005, directing the authority to consider the matter for appointment on compassionate grounds. Based on the aforesaid direction of the Court, the respondents issued an appointment letter dated 1st June, 2005 appointing the petitioner on the post of Beldar. It was mentioned in the appointment letter that in the event the appointment letter is against any order of the Government, the appointment order would be quashed. Subsequently, the respondents issued a notice dated 8th Aug., 2005, i.e., within two months of issuing the appointment letter, directing the petitioner to show cause as to why the appointment should not be quashed on the ground that the said appointment was in violation of the Government Order dated 21.11.2000 and 16.09.2002. The petitioner gave a reply and thereafter the authority after considering the entire matter passed the impugned order dated 15th October, 2005, terminating the services of the petitioner. The petitioner, being aggrieved by the cancellation of her appointment letter, has filed the present writ petition.

(3.) Having heard the learned counsel for the parties, the Court finds that the order of appointment was cancelled on the strength of the Government Order dated 21st Nov., 2000. A perusal of the said Government Order indicates that initially the Government of U.P. had issued a Government Order dated 26th Sept., 1990, indicating therein that the heirs of a work charge employee who had worked for more than 10 years in the work charge would be entitled for appointment on compassionate grounds under the Dying in Harness Rules. Subsequently, the Finance Department of the State Government issued a Government Order dated 1st June, 1995 stopping such practice of appointing a dependant of the deceased, who had worked in the work charge establishment. Based on the Government Order of 1st June, 1995, the Government Order dated 21st Nov., 2000 was issued holding that a dependant of the employee of the work charge establishment would not be given an appointment on compassionate grounds. The said Government Order of 21st Nov., 2000 was further clarified by a Government Order of 16th Sept., 2002.