KM. BEERBALA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) (Oral) - The petitioner is the daughter of Mr. Munna Lal - deceased, who was a Class-IV employee in the Medical, Health & Family services. At the time of his death he was posted at Doon Hospital, Dehradun, who had died while in harness on 14.12.2009. It appears that the petitioner had earlier moved an application for appointment on compassionate ground on 08.11.2010 before the authority concerned. On the said application of the petitioner, an order was passed on 27.03.2015 by Additional Secretary, Medical Health & Family Welfare, Dehradun by which he has been stated that the case of the petitioner is not covered under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. This order is presently challenged by the petitioner before this Court.

(2.) The submission of the learned counsel for the petitioner is that no reasons have been assigned while passing the impugned order whereas in the counter affidavit it has clearly come that the appointment cannot be given to the petitioner as the mother of the petitioner was already under employment of Ayurvedic Department Medical, Health services in the Class-IV post. The appointment on compassionate ground cannot be granted to the petitioner in view of Rule 5 (1) of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, which reads as under:-

(3.) Considering the above provision of law, it is clear that in case the spouse of the deceased is not already employed in the Central Government or a State Government or a Corporation owned or controlled by Central Government or a State Government, shall move an application for compassionate ground before the authority concerned. Here in the present case, it is an admitted fact that the wife of the deceased was already working in the State Government. Therefore, the petitioner, who is the daughter of the deceased, is ineligible for appointment on compassionate ground. The claim of the petitioner has rightly been rejected by the authority concerned.