BRIJESH KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner has rushed to this Court questioning the validity of the order dated 14.6.2012 wherein appointment of the petitioner made under Uttar Pradesh Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 has been cancelled on the ground that petitioner's claim was not falling within the parameter of the aforesaid Rules. Brief background of the case, as is reflected that petitioner's husband had been working on daily wage basis on the post of Clerk. Petitioner's husband had filed Civil Misc. Writ Petition No. 43127 of 2001 and this Court gave direction for ensuring minimum pay-scale and dear ness allowance. Petitioner's husband continued on minimum pay-scale and thereafter he died in harness on 19.1.2009. This is accepted position that during his continuance in service, his service has never been regularized and after the death of her husband, petitioner had applied for grant of compassionate appointment and thereafter petitioner had in fact been offered compassionate appointment on 20.2.2009 and thereafter she joined and had been performing and discharging duties and thereafter her services has been dispensed with on 14.6.2012. Petitioner at this juncture has rushed to this Court.

(2.) Sri R.C. Shukla, Learned Counsel for the petitioner contended with vehemence that in the present case petitioner has rightly been offered appointment on compassionate basis and said appointment in question had been arbitrarily cancelled without providing any opportunity of hearing, as such writ petition deserves to be allowed.

(3.) Countering the said submission Sri Manu Saxena, Advocate representing respondents on the other hand contended that petitioner's appointment is dehors the statutory rules and said situation is fully reflected from the fact stated by petitioner herself, as such that petitioner legitimately can have no grievance.