PUSHPA BHATT Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-5-88
HIGH COURT OF UTTARAKHAND
Decided on May 02,2012

Pushpa Bhatt Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) The petitioner s husband while working in the Forest Department from 1972 to 1994 died in harness. The petitioner, being the widow, applied for appointment on compassionate grounds which has been rejected by an order dated 20th June, 2008 / 28th May, 2010 on the ground that the petitioner s husband was not a permanent employee and, therefore, no appointment could be given on compassionate grounds. The petitioner, being aggrieved, has filed the present writ petition.
(2.) In paragraph 3 (B) of the counter affidavit, it has been stated that the husband of the petitioner was working as a daily wager on a temporary basis. It has been admitted by the respondents that the petitioner s husband worked from 1972 to 1994. Rule 2 (a) of the U.P. Uttar Pradesh Recruitment Of Dependants Of Government Servants (Dying-In-Harness) Rules, 1974 provides as under :- 2. Definition.-In these rules, unless the context otherwise requires: (a) Government servant means a Government servant employed in connection with the affairs of Uttar Pradesh who (i) was permanent in such employment; or (ii) though temporary had been regularly appointed in such employment; or (iii) though not regularly appointed, had put in three years continuous service in regular vacancy in such employment.
(3.) A perusal of the aforesaid Rules indicates that Government servant includes a person who is employed in a permanent capacity or on a temporary basis but regularly appointed, or though not regularly appointed but have put in three years of continuous service in a regular vacancy in such employment.;


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