Gori Shankar vs State Of Uttarakhand And Others

Sharad Kumar Sharma, J

The petitioner has filed the Writ Petition with the following reliefs:- "1. Issue a writ order or direction in the nature of mandamus commanding the respondent no.3 to grant the job under dying in harness as per U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 and further take the immediate decision on the application of the mother of petitioner.

Any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

Award the cost of writ petition."

On a death of an employee, the provisions of compassionate appointment are governed by the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, as now made applicable to the State of Uttarakhand by the Rules of 2003. Seeking a harness appointment, an application was filed by the mother of the petitioner for seeking harness appointment on 28.09.2012, under the statutory rules framed under Article 309 of the Constitution of India. Under the said rule, it is a mandatory duty cast upon the respondents under the Rules to have considered the application and passed an order on the said application, sitting over it would be arbitrary under law. Only from that limited aspect as the respondents had to discharge their public duty by considering the application and passing the order which has not been done in the instant case.

This writ petition is being disposed of with the direction to the respondent no. 3 to consider the application of the petitioner for compassionate appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. The respondents would take decision on the application of the petitioner for compassionate appointment within a period of two months positively from the date of presentation of this judgment before respondent No.3.

Subject to the above observation the writ petition stands disposed of.