BINA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) THE writ petition has been filed with the following prayers:-

(2.) IT appears that the petitioner is on the third round of litigation. The application was rejected on the only ground that the husband of the petitioner was an employee of Nahan Foundry and the same had been declared as a dying cadre. For one thing, it has to be seen that policy regarding compassionate appointment as promulgated by the government on 18th January, 1990 and clarified thereafter on several occasions, does not make any difference as to whether a government servant is in a dying cadre or not. The only expression used in the policy is `government servant'. There is no dispute that the husband of the petitioner was a government servant at the time of his death. In other words, it is a case of an employee dying while in government service. That apart, it is seen from Annexure P-8, order, dated 23rd December, 1989 in the matter of taking over of Nahan Foundry that "The employee taken over from erstwhile Nahan Foundry will be integrated in the cadre of corresponding categories of employees of PWD/IPH subject to provision of para-7.

(3.) ANNEXURE P-7 is quashed. There will be a direction to the 2nd respondent to consider the case of the petitioner in terms of the policy regarding the eligibility for compassionate appointment ignoring the objection of the Nahan Foundry being a dying cadre. In the process, if it is found that the petitioner is otherwise eligible, she shall be appointed forthwith. It is made clear that the decision, as above, will be taken by the Engineer-in-Chief/competent authority in light of the findings regarding entitlement as recorded in the communication , dated 27.10.2004 (ANNEXURE P-4) and 26th August, 2004 from the Superintending Engineer to the Engineer-in-Chief. Needful shall be done within one month from the date of production of the copy of this judgment alongwith the recommendations of the Superintending Engineer and Engineer-in-Chief, as referred to above. The writ petition stands disposed of, so also the pending application(s), if any.