ANITA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) NARAYAN Shukla, J. By means of this writ petition, the petitioner has challenged the order dated 29th October, 1996 rejecting the petitioner's representation for giving appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

(2.) THE facts giving rise to this writ petition are that the petitioner's husband, Ashok Kumar Srivastava, who was inducted in service on 4-5-1990 as Junior Clerk in the office of Soil Conservation Officer, Matatila Project, Lalitpur, U. P. , died on 17-10-1995 in a train accident while he was in service leaving behind his wife, Smt. Anita Srivastava (petitioner) and three minor daughters. THE petitioner moved an application on 25-10-1995 requesting the District Agriculture Officer, Kanpur to clear of entire dues of her late husband and to appoint her on a suitable post on compassionate grounds. Later on, the petitioner sent a letter on 18-12-1995 to the Chief Development Officer, Kanpur Nagar to the same effect. THEreafter, she moved several representations to the Additional Director Agriculture District Agriculture Officer, Kanpur and lastly to the Director Agriculture, Uttar Pradesh but all in vain. THEn, she preferred the present writ petition.

(3.) THE learned Counsel for the petitioner has relied upon the decisions rendered in the cases in Smt. Saroj Devi v. State of U. P. and Ors. , 1999 (3) E. S. C. 2187 (All.) and Santosh Kumar Mishra v. State of U. P. and Ors. , 2001 (4) E. S. C. 1615, wherein it has been held that the benefit of the said rules may be given to the dependents of the deceased who had worked for at least three years even on temporary basis.