ANJALI SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The brief facts of the as pleaded by the petitioner are that the father of the petitioner, who was working with the respondent No. 3 as permanent employee, was working as Lecturer (Commerce), he met with the sudden sad demise on 14/5/2013. The petitioner, who is a widowed daughter of the deceased employee, she had filed an application for seeking an appointment on compassionate grounds on 10/6/2013 that is well within the specified statutory time. When the same was not considered, and no decision was taken by the respondents within reasonable time, and family was facing financial dearth, the petitioner had approached the authority by filing various representations seeking early decision for appointment and on its non consideration, she had preferred a writ petition being Writ Petition (S/S) No. 1452 of 2017, Anjali Singh v. State of Uttarakhand and Others, which was disposed of by the coordinate Bench of this Court vide its judgement dtd. 19/6/2017 directing Additional Director of Education, Garhwal Region, Pauri, District Pauri Garhwal to decide the representation as preferred by the petitioner. Following directions were issued by the coordinate Bench of this Court vide its judgement dtd. 19/6/2017 which is quoted hereunder:-

(2.) In compliance of the said judgement, the respondents by the impugned order have rejected the representation of the petitioner and consequently denied her candidature for being considered for appointed on compassionate grounds by the impugned order dtd. 14/10/2017. The reason which has been assigned by the office of respondent No. 2 in the impugned order of rejection was that since the petitioner is widowed daughter, she would not be covered under the definition of family as defined under the Dying in Harness Rules, 1974, wherein it includes the unmarried daughters and widowed daughter only.

(3.) Counter affidavit was filed, and in the counter affidavit filed by the respondents they have placed on record an amendment which has been brought into effect under Dying in Harness Rules, 1974 wherein by virtue of the amended Notification No. 5/XXX/-2/17/55(21)2002 Vh-lh-2 dtd. 18/10/2017 (CA-2). The divorced daughter has been brought within the definition of family as defined under the Dying in Harness Rules, 1974, and the same has made applicable in the State of Uttarakhand. The amended definition of family now under the rules reads as under:-