KAJAL KUMARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Ms. Shalini, the Commandant, 41st Battalion, Provincial Armed Constabulary, Ghaziabad, by her order impugned dtd. 16/4/2024, has rejected the petitioner's application for compassionate appointment without compassion; also, without jurisdiction.

(2.) The petitioner, Kajal Kumari, is the daughter of the late Ashok Kumar, who was serving as a Constable with the Provincial Armed Constabulary['PAC' for short], Ghaziabad. He died in harness on 16/11/2013. He left behind him his widow, Smt. Guddi Devi, a son called Vishvendra Singh, besides the petitioner, Kajal Kumari, the deceased's daughter. Ashok Kumar's son, Vishvendra Singh, made an application dtd. 6/7/2015, seeking compassionate appointment under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974['Rules of 1974' for short]. Vishvendra Singh was referred to a medical examination of the Chief Medical Superintendent, Ghaziabad, who, vide his medical report dtd. 3/9/2015, intimated the respondents that Vishvendra has complete loss of vision in the left eye. He was, therefore, denied appointment vide order dtd. 24/11/2015.

(3.) Vishvendra challenged the order dtd. 24/11/2015 before this Court by means of Writ - A No. 6339 of 2018, which was, later on, withdrawn on 8/2/2021. It appears that Smt. Guddi Devi, the deceased's widow, was informed that she could make an application for compassionate appointment for herself or any other family member eligible for employment under the Rules of 1974. The respondents say that Smt. Guddi Devi did not respond for a long time and then made applications dtd. 9/9/2019 and 11/9/2019 to the Deputy Inspector General of Police (Establishment), U.P. Police Headquarters, seeking employment this time for her daughter, the petitioner, Kajal Kumari. A letter dtd. 3/11/2020 was issued to Smt. Guddi Devi, asking her to ensure submission of an application form in the prescribed proforma for the employment of her daughter under the Rules of 1974.