WPSS/1823/2022
2022 Latest Caselaw 3060 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No. 1823 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Tribhuwan Chandra Pandey, Advocate for the petitioner.

Mr. Rakesh Kunwar, Additional C.S.C. for the State of Uttarakhand.

Heard learned counsel for the parties. Petitioner's father Ramesh Chandra Saxena was a Class-III employee in Agriculture Department of Uttarakhand State, who died in service on 27.01.2016. Petitioner made an application for compassionate appointment on 24.11.2021, however, no decision on her application has been taken so far.

By means of this writ petition, petitioner has sought a direction to Competent Authority to consider her claim for compassionate appointment as per provisions of Dying-In-Harness Rules, 1974.

Learned Additional C.S.C. submits that, on the date of death of her father, petitioner was married and since married daughter does not come within the definition of 'family' as defined in the relevant Rules, therefore, Competent Authority has not taken any decision on petitioner's application.

Learned counsel for the petitioner has drawn attention of this Court to a Full Bench judgment of this Court in the case of Udham Singh Nagar District Cooperative Bank Ltd. & another Vs. State of Uttarakhand & others (Special Appeal No. 187 of 2017) and he submits that, in the said judgment, it has been held that married daughter cannot be excluded from the benefit of Dying-In-Harness Rules merely based on her marital status.

Since petitioner's claim is yet to be considered by the Competent Authority, therefore, without expressing any opinion on the merits of the claim of the petitioner, the writ petition is disposed of with a direction to Competent Authority (respondent no. 2) to take decision on petitioner's application, as per law, within a period of three months' from the date of production of certified copy of this order alongwith copy of application.

(Manoj Kumar Tiwari, J.) 21.09.2022 Arpan