PUSHP LATA DIXIT Vs. MADHYAMIC SHIKSHA PARISHAD

JUDGEMENT

(1.) BY means of this petition, the petitioner prays for issue of writ in the nature of certiorari quashing the impugned order dated 20 -9 -1989 contained in Annexure No. 11 by which the opposite parties rejected application of the petitioner for appointment. It is not disputed that the petitioner's husband Sri Lalit Kumar Dixit was employed in the office of the opposite party No. 1 and worked 17 years as paid apprentice. He died on 25 -2 -1987 and after his death, the petitioner who is admittedly widow of the deceased moved an application for appointment on the basis of Dying in Harness Rules, 1974. The main contention of the petitioner's counsel is that in pursuance of the Government Order she is entitled for the appointment in the said department. On behalf of the State a counter -affidavit has been filed and it is stated that the husband of the petitioner was not regular employee. On behalf of the petitioner Government Order No. 6/12 -1973 -Niyukti -4. Lucknow 7th October, 1974 has been produced showing that rule of Dying in Harness -is fully applicable on the person who is not regularly appointed and died in harness. The main object of the rule is to provide an employment to the family of the person who died in harness. The employment is given on the compassionate ground, and, therefore, in my opinion, it would not be proper to say that the husband of the petitioner has not been regularly appointed but he has worked 17 years in the department and died in harness. Therefore, the heir of the deceased is entitled to get benefit of Dying in Harness Rules, 1974. Hon'ble Supreme Court in a case Smt. Sushma Gosain and others, v. Union of India and others, : 1989 (59) FLR 626 SC held that:

(2.) KEEPING in mind the fact that the petitioner was appointed in 1973 and continuously worked in the department up to the date of his death, in my opinion it would be proper to direct the opposite parties to accommodate the petitioner in the Department. The petitioner is a widow of the deceased who died in harness, therefore, I quash the impugned order dated 20 -9 -1989 contained in Annexure No. 11 and direct the opposite parties to consider the question of appointment of the petitioner in accordance with her qualification and pass an order within one month from the date of receipt of this order and provide employment in accordance with her qualification.