MAMTA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard, Sri Vasu Deo Mishra, learned counsel for the petitioner and Sri Pratyush Tripathi, learned Standing Counsel.

(2.) The petitioner has approached this Court challenging the orders dated 06.03.2009 and 18.05.2011, by which it has been informed that since the petitioner has not been found successful in the typing test therefore she may apply for a Class IV post for appointment under Dying in Harness Rules.

(3.) Brief facts of the case are that the husband of the petitioner was appointed in the year 1999 on the post of Non-Medical Assistant and was working under the opposite parties. He was kidnapped and non-traceable in the year 2000. Therefore an F.I.R. was lodged on 26.02.2000. Since the husband of the petitioner could not be traced by the police, the petitioner submitted an application for compassionate appointment on 21.03.2003 under the U.P. Recruitment of Dependants of Government Servants, Dying-in-Harness Rules,1974 (hereinafter referred to as the 'Rules 1974'). Thereafter she sent reminder on 10.04.2003. In regard to the persons missing or non-traceable, a government order dated 20.03.1987 was issued by the State Government to the effect that only after 7 years from the date, when a person got missing, such person will be assumed to be dead and the family/dependants of the said persons will become entitled for the pensionary benefits etc. only thereafter. Accordingly, the petitioner was informed that her case could be considered only after 7 years of missing.