BHUWAN CHANDRA PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner 's father who was a confirmed employee in Agricultural Department, Government of Uttarakhand at Dehradun, died while in harness on 26.9.2012. The petitioner being son of the deceased employee applied for appointment on compassionate ground under the provision of Recruitment of Dependent of Government Servant Dying -in -Harness Rules, 1974 (hereinafter referred to as Dying in Harness Rules). By order dated 23.2.2013, his application has been rejected on the ground that one brother of the petitioner is employed in Indian Army. This is the sole ground for rejection of the petitioner 's appointment. It is not the case of the respondents that the Rules i.e. Dying in Harness Rules are not applicable in the case of the petitioner.

(2.) RULE 5 of the said rules which is in fact the main provision reads as under : -

(3.) THE petitioner has relied upon a judgment of this Court passed in Ajay Kumar v. State of Uttarakhand and others reported in 2009 (2) U.D., 556, wherein the same proposition has been reiterated. Therefore, the order dated 23.2.2013 (Annexure No. 8 to the writ petition) is quashed. A Mandamus is issued to the respondent authorities to give appointment to the petitioner within a period of 10 weeks from the date a certified copy of this order is produced before him.