PUSHPA BHATT Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(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
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
(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
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