VINAY KUMARI Vs. STATE OF U. P.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing impugned order dated 11.04.2016 passed by respondent no.2/Executive Engineer, Irrigation Division, Rae Bareli.

(2.) The petition also seeks issuance of a writ in the nature of mandamus directing respondents to reconsider the case of the petitioner for appointment on compassionate grounds on appropriate post under U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974.

(3.) Brief facts of the case are that the petitioner's father Shri Om Prakash was employed in the Irrigation Department in the year 1976 as Roller Operator. After his death on 05.05.1986, her mother Mrs. Chandrawati was appointed as Peon and posted in Sub Division Bachharawan functioning under Executive Engineer, Irrigation Division, Rae Bareli. Marriage of the petitioner was solemanised with Shri Jitendra Kumar, R/o Village Mankhera, Post Kankaha, District Lucknow. The petitioner's mother died on 12.09.2009. The petitioner's husband is also unemployed and he was also dependent on petitioner's mother (now deceased). After death of the petitioner's mother, the petitioner has no source of income. She applied for appointment on compassionate grounds under U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 (hereinafter referred as 'dying in harness rules') on 19.11.2009 and when no order was passed, she again applied for the same on 28.09.2012 and 26.10.2012 but again no order was passed on the said applications. The petitioner filed a writ petition bearing No.1328 (SS) of 2015 which was disposed of vide order dated 23.12.2015 with a direction to the competent authority to consider and decide petitioner's application for compassionate appointment keeping in mind the law settled. Vide impugned order dated 11.04.2016 (supra), the Executive Engineer rejected the claim of the petitioner. Hence, the writ petition has been filed.