USMAN KHAN Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) "The father of the petitioner who was a regular employee in the Agricultural Department in the State of Uttarakhand died while in harness on 26.12.2010, leaving behind his wife, two daughters and two sons including one who is already gainfully employed with the Forest Department of Government of Uttarakhand. The present petitioner, however, applied for appointment on compassionate ground on 2nd February, 2011. This application has been rejected on 27.08.2011 on the ground that one of the sons of the deceased employee is already in employment of Government i.e. in Uttarakhand Forest Department, therefore, appointment on compassionate ground cannot be given to the petitioner and, therefore, this reasoning adopted is totally wrong.

(2.) In the counter-affidavit filed by respondent Nos. 2, 3 and 4, they have relied upon Rule 5 of the Dying in Harness Rules, which reads as follows:

(3.) Now the contention of the State is that since elder brother of the petitioner, namely, Sri Noman Khan is a Government employee, therefore, the petitioner cannot be granted appointment on compassionate ground under Dying in Harness Rules. This argument of the State Counsel is totally misconceived, inasmuch, as Rule 5 only states that such an appointment shall not be given in case the spouse of the deceased is already employed in the Government service. It is not the case, where the spouse of the deceased was employed in Government service. One who is employed in the Government service is the son of the deceased, who is presently living separately and merely because one of the sons of the deceased is employed, it cannot be a ground of denying the employment to the petitioner. Moreover, what further goes in favour of the petitioner is that the elder son of the deceased is living separately and is not supporting the family (the one who is employed), as such, the son of the deceased should be given an appointment on compassionate ground under Dying in Harness Rules and the appointment of the petitioner.