ANAMIKA Vs. STATE OF UTTARAKHAND

JUDGEMENT

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

(2.) Brief facts, as narrated in the writ petition, are that father of petitioner Late Badri Singh Kandari was Assistant Teacher in State Government School, Dangi Bhardar, District Rudraprayag. He died in harness on 27.01.2017, leaving behind his wife Smt. Bira Devi, elder daughter Km. Renu (fifth respondent) and Km. Anamika (present petitioner). After the death of petitioner's father, petitioner moved an application seeking appointment on compassionate ground. Petitioner's mother and fifth respondent gave No Objection Certificate in favour of the petitioner stating that they have no objection if the petitioner gets appointment under the dying in harness rules. On 11.05.2017, fifth respondent got married with Mr.Mahipal and started living with her husband at her matrimonial house. While the application of the petitioner for appointment on compassionate ground was under consideration, fifth respondent moved an application before the Additional Director, Primary Education, stating that she is the eldest daughter of Late Badri Singh Kandari and has a preferential right to get appointment under the dying in harness rules, instead of the petitioner. She also alleged that No Objection has been obtained by the petitioner from her by suppressing the correct facts. Third respondent issued a letter dated 18.7.2017 to the petitioner and her family members and directed them to appear before him on 19.08.2017 at 11:00 am so that the matter be decided in accordance with Rules as the fifth respondent has raised the objection. Since no decision was taken by respondent in the matter, petitioner approached this Court. It is contended that the petitioner and her mother were dependent on the deceased. However, at the time of death of deceased employee, fifth respondent was also dependent on the deceased employee, but immediately after few months, she got married and now she is dependent on her husband.

(3.) Counter affidavit has been filed on behalf of respondent nos.2, 3 and 4 stating that as per legal heir certificate submitted in the department, there are 03 dependents of deceased government servant, namely, Smt. Bira Devi, Km. Renu and Km. Anamika. The legal heirs namely Bira Devi and elder sister Km. Renu of the petitioner submitted a notarized affidavit dated 1.04.2017 stating therein that they are not in government/central/corporation services. They have no objection for giving compassionate appointment to Km.Anamika and no member of the family has been given appointment under dying in harness. The mother of the petitioner vide letter dated 26.7.2011 informed that marriage of the petitioner's sister namely Renu was solemnized on 11.05.2017. Km. Renu submitted an affidavit in the office of the respondent regarding her appointment on compassionate ground on the basis of her name appeared in the Legal Heir Certificate, in which she submitted that her younger sister Km. Anamika (petitioner) by concealment of facts obtained the NO Objection for compassionate appointment. Her name is mentioned in the Legal Heir Certificate and she is entitled to be given compassionate appointment. It is also stated that respondent no.5, elder sister of the petitioner, time and again submitted affidavits and applications for providing her appointment and since more than one member of the deceased Government Servant have claimed compassionate appointment, the decision for providing compassionate appointment has yet to be taken.