PANCHO DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 3/9/2013, passed by the District Judge of Firozabad, bearing Administrative Order No. 90 of 2013, rejecting the petitioner's claim for compassionate appointment.

(2.) The petitioner's husband, the late Mahadev Prasad, was a permanent Class-IV employee in the establishment of the District Court, Firozabad. He met with an accident on 22/3/2011 and died the same day, still in harness. After her husband's demise, the petitioner moved an application before the learned District Judge, Firozabad, seeking compassionate appointment under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short, 'the Rules of 1974'). The petitioner's application for appointment on compassionate ground lay unattended for a considerable period of time, leaving her with no option but to move this Court by means of WritA No. 27883 of 2011, seeking a direction to decide her application. When the said writ petition came on 13/5/2011, learned Counsel for the second respondent informed the Court that the petitioner's application had been rejected by the learned District Judge on 10/5/2011. Taking cognizance of the aforesaid statement made by learned Counsel for the respondents, Writ-A No. 27883 of 2011 was dismissed, with a direction to the learned District District Judge, Firozabad to supply a copy of the order dtd. 10/5/2011 to the petitioner. The petitioner received a copy of the order dtd. 10/5/2011 issued by the Senior Administrative Officer, District Court, Firozabad, rejecting her claim for compassionate appointment.

(3.) It is the petitioner's case that a committee of two Judges of the Judgeship at Firozabad held the petitioner not entitled to be considered for appointment under the Rules of 1974. The aforesaid opinion was expressed by the committee of two Judges in their report dtd. 13/4/2011 and the said report was accepted by the learned District Judge, Firozabad vide order dtd. 10/5/2011. A true copy of the report dtd. 13/4/2011 and a copy of the order of the learned District Judge, Firozabad dtd. 10/5/2011, approving the said report communicated by the Senior Administrative Officer vide memo dtd. 17/5/2011, is on record.