SHIVMURTY DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The appellant has filed this intra court appeal challenging the validity and correctness of the impugned judgment and order dated 30.10.2012 passed by the Writ Court in Civil Misc. Writ Petition No. 61250 of 2009, Shivmurty Devi versus State of U.P. and others whereby the aforesaid writ petition was dismissed.

(3.) Brief facts giving rise to the instant special appeal are that the appellant's husband died-in-harness on 3rd October, 1989. She applied for an appointment under the Dying in Harness Rules on compassionate ground in the year 1991. The respondents by a letter dated 17th August, 1991 informed her that there was no vacancy in the department and, therefore, her claim could not be considered. The respondents further informed that as and when vacancy arises in the future, her claim would be considered. When the case of the appellant was not considered she filed Civil Misc. Writ Petition No. 61250 of 2009, which was dismissed vide judgment and order dated 30.10.2013, hence the instant special appeal.