SARITA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is the daughter of the decased employee, Smt. Vimla Singh, who was working on the post of Midwife in the department of Family Welfare State of U.P., died in harness on 11.3.2006.

(2.) Smt. Vimla Singh left three daughters and husband. The petitioner was the eldest one, applied for compassionate appointment on 21.9.2006 under the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (hereinafter referred to as "Dying in Harness Rules, 1974").

(3.) It appears that application has been processed in the year 2008. The Chief Medical Officer, Azamagarh wrote a lette to the Director General Medical Health Services, U.P., Lucknow vide his letter dated 2.4.2008 for necessary action on the application of the petitioner. The said letter is Annexure-3 to the writ petition. In pursuance of the letter of the Director General Medical Health Services, U.P., Lucknow dated 7.10.2008, the Chief Medical Officer, Azamgarh wrote a letter dated 10.2.2009 to the Superintendent Primary Health Centre Pawai, Azamagarh stating therein that certain deficiencies have been found in the case of compassionate appointment of the petitioner. The deficiencies have been stated in the letter. The copy of the letter is Annexure-4 to the writ petition. Vide letter dated 10.6.2011 the Director General Family Welfare U.P., Lucknow wrote a letter to the Chief Medical Officer, Azamgarh, returned the application of the petitioner in original to re-submit again after fulfilling the requirements stated therein. Vide letter dated 28/30.8.2011 the claim of the petitioner for compassionate appointment has been rejected on the ground that Sri Shyam Singh, in his affidait dated 6.4.2010, has accepted that she has now been married and, therefore, the petitioner does not fall within definition of 'family' and accordingly the application has been rejected.