BIMLA DEVI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner before this Court claims appointment on regular post of Beldar in Public Works Department on compassionate grounds, as her husband who was a Beldar, according to the petitioner died while in harness on 09.07.2005.

(2.) In the first round of litigation, for the same relief, the writ petition of the petitioner was disposed of with a direction to the concerned authority to consider the appointment of the petitioner on a regular vacancy. The same has now been considered and has been rejected by the authority concerned. The reasons assigned in the impugned order dated 07.01.2012 is that the husband of the petitioner was not a regular employee and therefore does not come under the definition of "Government Servant" under the Dying in Harness Rules. Therefore, the claim of the petitioner cannot be sustained. Since this case has somewhat chequered history, some relevant facts need to be stated. The husband of the petitioner was initially appointed as Beldar in the year 1989 and in the same year he was given the status of work charge employee. The services of the husband of the petitioner were regularized on 05.08.1999.

(3.) However, the said order was cancelled vide order dated 21.04.2000. Aggrieved, the husband of the petitioner as well as similarly situated persons filed a writ petition, which was allowed and a direction was given to regularize the services of the petitioner vide judgment and order dated 25.11.2003. Against the said order, a belated Special Appeal was filed by the State in the year 2006. All the same, the delay in filing the special appeal was condoned. The Special Appeal was allowed (along with other connected appeals) vide judgment and order dated 09.01.2009 and the order of the Learned Single Judge of this Court was set aside.