NITIKA ARYA Vs. STATE

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:

(2.) Brief facts of the case, as narrated in the writ petition, are that mother of the petitioner, namely, Smt. Rani Arya (since deceased) was posted as Head Mistress at Government Primary School, Udaipuri Chopra, Block Ramnagar, District Nainital. She died in harness on 25.11.2016. Petitioner submitted representation on 30.08.2017 before the competent authority to consider the name of the petitioner for appointment on compassionate ground under the Dying in Harness Rules, 1974. By order dated 5.9.2017, respondent no.7 rejected the candidature of the petitioner for want of succession certificate.

(3.) Counter affidavit has been filed by respondent no. 5 wherein it is stated that petitioner preferred a representation on 02.12.2016 and requested to appoint her on compassionate ground under Dying in Harness Rules and to pay the dues of her deceased mother. On 17.01.2017 the father of the petitioner also applied for dues of her deceased wife, where against the petitioner moved objection by way of letter dated 07.02.2017 and claimed that all the dues of her late mother should be paid to the petitioner only. It is also stated in the counter affidavit that from the communication of respondent no.7 dated 5.9.2017 it is evident that there is dispute regarding the payment of dues between the father of the petitioner and petitioner herself, therefore, it is difficult for the department to any proceedings in the matter.