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Smt. Premvada v. State Of U.P. And Others - WRIT - A No. 9129 of 2006  RD-AH 3604 (15 February 2006)
Civil Misc. Writ Petition No.9129 of 2006
Smt. Premvada Vs. State of U.P. and others
Hon'ble V.C. Misra, J.
Heard Learned counsel for the petitioner and the learned standing counsel. This writ petition is being disposed off at the admission stage itself without calling for any counter affidavit after hearing the learned standing counsel in terms of Rule 2 of Chapter VIII of the rules of Court.
In the present case the petitioner has prayed for relief in the nature of mandamus commanding the respondent no.3 to consider and provide compassionate appointment to the petitioner under the U. P. Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974 on account of death of her son Jeewan Tripathi who died on 27.6.2005. He was appointed on class IV post vide order dated 8.10.2004 on compassionate ground under the U. P. Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974 due to the death of his father Sri Shatrughan Tripathi who was a permanent State Government employee working as Gram Panchayat Vikas Adhikari under the respondent no.3. It has been stated in the writ petition that both the petitioner's son and husband after their death left behind the petitioner and five minor sons and two daughters. Both these persons were the sole bread earner in the family and now the petitioner is facing great financial distress and needs immediate support by way of compassionate appointment to which she is entitled to under law.
Looking into the special circumstances and facts of the case, the respondent No.3 is directed to consider and if found eligible provide compassionate appointment to the petitioner under the U. P. Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974 in accordance with law on account of death of her son after the death of her husband preferably within a period of two months from today. It is made clear that in case, the respondent no.3 comes to conclusion that the petitioner cannot be allowed compassionate appointment he shall say so by a speaking and reasoned order as to why the petitioner is not entitled to compassionate appointment under the U. P. Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974. It is further directed that the entire arrears which are found due to the petitioner's son shall be released within one month in favour of the petitioner. The writ petition is allowed with no order as to costs.
February 15, 2006
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