ANITA SHARMA Vs. STATE

JUDGEMENT

(1.) After the death of her husband late Vijay Datt Sharma, the petitioner being legally wedded wife of the deceased applied for appointment on compassionate ground before the respondents under the Dying in Harness Rules, 1974. Since no action was taken on the application of the petitioner by the respondents, the petitioner filed a writ petition before this Court being Civil Misc. Writ Petition No. 7597 of 2005 in which a direction was issued by this Court on 17.2.2005. In pursuance of the directions issued by this Court, the respondents have rejected the application of the petitioner on the ground that she has failed to produce the relevant documents to prove her right to claim appointment under the Dying in Harness Rules of 1974. Heard learned Counsel for the parties.

(2.) It seems that an application was filed by respondent No. 6 that the deceased had executed a will in his favour in which it is stated that he had divorced the petitioner and he was not living with her. It was further claimed that the will has been executed in his favour by the deceased. He also sought appointment on the basis of the aforesaid Rules of 1974 claiming to be a member of the family. His application has been rejected as he does not fall within the definition of family, as indicated in the aforesaid rules.

(3.) The only contention raised by the learned Counsel for the respondent is that since the dispute has been raised by respondent No. 6 that the petitioner is the divorced wife of the deceased, as such, she is not entitled to claim her appointment on compassionate ground under the aforesaid rules. On the application being made the District Basic Education Officer was directed to hold an inquiry into the matter in order to find out as to whether the petitioner has been divorced by her deceased-husband or not? In this behalf a report was obtained from the concerned Tehsildar and Corporator of the Municipality. A report was submitted by the Corporator in favour of the petitioner stating therein that the petitioner is the wife of the deceased. The report has not confirmed that the petitioner has married after death of her husband. Even the report of the Senior Treasury Officer, Mainpuri dated 27.2.2007 has stated that there is no report as to whether the petitioner has married second time or not.