VANDANA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for petitioner as well as the learned Additional Chief Standing Counsel and perused the records. The writ petition has been filed seeking suitable order or direction in the nature of mandamus commanding the opposite parties to appoint the petitioner on a suitable post under U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (hereinafter referred to as 'Dying-in-Harness Rules') on compassionate ground.

(2.) As per the facts of the case as indicated by the petitioner's Counsel, the State Government vide G.O. dated 17.9.1986 had sanctioned certain posts of Investigator-cum-Computer in the department of Animal Husbandry. After following the due procedure, as prescribed in this regard, the husband of the petitioner late Kirti Prakash was selected/appointed on the post of Investigator-cum-Computer and had joined on 20.2.1987, however services of the petitioner along with other persons were abruptly terminated without affording any opportunity of hearing. Being aggrieved a writ petition No. 1760(S/S) of 1987 was filed in this regard wherein the Court was pleased to grant interim relief in favour of husband of the petitioner and some other persons and in compliance thereof they were allowed to continue in service. The said writ petition was allowed vide judgment and order dated 8.11.2005 with the observations that the petitioner's husband and other persons who were duly selected and appointed against the newly created/sanctioned posts shall be allowed to continue as their cancellation of appointment was against the principles of natural justice.

(3.) It is submitted that the petitioner's husband had worked in the office of opposite party No. 4 till 16.11.2009 with an unblemished service record of 23 years but unfortunately the petitioner's husband had died on 16.11.2009 in an accident due to which the petitioner along with her two minor daughters were left without there being any bread earner in the family.