KIRAN DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution, has been preferred by the petitioner for quashing of the order dated 27.12.2002 (Annexure-8 to the writ petition) on the ground that it is illegal and contrary to the provisions of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. Shorn off unnecessary details the brief facts of the case are that the petitioner's father, late Sri Ram Sundar was a head constable in police department, who died in harness on 7.4.1980 while he was on leave. Her father left behind his widow, a son and a daughter, who were minor at that point of time. The date of birth of the petitioner is 1.2.1979 which is evident from the High School certificate filed as Annexure-1 to the writ petition. When the petitioner become major in the year 1997, her mother moved an application for her appointment on the compassionate ground on 23.10.1997. A copy whereof has been placed by the petitioner on record as annexure-2 to the writ petition. Her mother sent a reminder also on 10.9.1998, wherein, she stated that after the death of her husband, her family was living in penury as there was no other source of livelihood.

(2.) By the impugned order, the petitioner's claim has been rejected on the ground that her case is not covered under the Government Order dated 30.5.2001. No other ground has been mentioned in the impugned order.

(3.) Learned counsel for the petitioner submits that the petitioner is entitled for appointment on compassionate ground in terms of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 and the Government Order has been misinterpreted by the authority concerned.