ANITA SHARMA Vs. STATE OF UTTARANCHAL & ORS.

JUDGEMENT

(1.) HEARD the learned Counsel for the parties at length. Present writ petition has been filed by the petitioner for the issue of a writ, order or direction in the nature of certiorari quashing the order dated 19 -9 -2002 and for mandamus directing the respondents to appoint the petitioner under Dying -in -Harness Rules.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the husband of the petitioner Sri Subhash Chandra Sharma son of the late Sri Rameshwar Prasad Sharma was employed as Ward Boy in Civil Hospital, Roorkee. The petitioner has stated that her husband developed illicit relationship with a Staff Nurse Mrs. Ranjeet Kaur Gill and when the petitioner protested his act, her husband instead of coming to his home started living with that Nurse. Since December 1994, the husband of the petitioner has not been heard. The petitioner has farther stated that she lodged a FIR at Police Station, Roorkee, District Hardwar on 13 -3 -1995 in Case Crime No. 215 of 1995 under Section 364 IPC. The police after investigating the case submitted charge -sheet against one Narendra @ Vikki son of Sri Mohan Singh under Section 364 IPC on 1 -10 -1997. It has been submitted by the police that as the dead body of Sri Subhash Chandra could not be recovered hence he was not declared dead. The petitioner moved to the respondent for providing appointment to her under Dying -in -Harness Rules but the respondents rejected her representation vide order dated 19 -9 -2002, Annexure -1 to the petition. Hence, the present writ petition has been filed by the petitioner under Article 226 of the Constitution of India.

(3.) COUNSEL for the respondents has placed reliance on the order dated 19 -9 -2002 passed by the Chief Medical Officer, Hardwar and in the counter -affidavit reliance has been placed on the Government order dated 20th March, 1987. It appears that respondents have misinterpreted the said G.O. The said Government order provides for retirement benefits to be given to the heirs of a Government servant after expiry of one year since the date, the Government servant has not been heard of. Relevant paragraph of the said G.O. is quoted below:...[VERNACULAR TEXT OMITTED]...