PRABHAKAR MANORI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-11-24
HIGH COURT OF UTTARAKHAND
Decided on November 26,2013

Prabhakar Manori Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) UNDISPUTEDLY , petitioner's father Shri Vijay Prasad Manori was working as Forest Guard; Shri Vijay Prasad Manori, father of the petitioner, died on 29.07.2004; petitioner applied for the appointment under dying -in -harness Rules; petitioner was appointed on the post of Forest Guard vide order dated 16.06.2009, under the dying -in -harness Rules.
(2.) LATER on, it came to the knowledge of the Department that mother of the petitioner, in other words, wife of the government servant, i.e., Shri Vijay Prasad Manori, namely, Smt. Padma Manori was working with the Education Department of Govt. of Uttarakhand at the time of death of Vijay Prasad Manori. A show cause notice was issued to the petitioner as to why his initial appointment may not be revoked since same was in violation of Rule 5(1) of U.P. Dying in Harness Rules, 1974 (hereinafter referred to Rs. 1974 Rules') as applicable in the State of Uttarakhand. Petitioner furnished his explanation. Ultimately, impugned order was passed revoking the initial appointment of the petitioner and terminating his services. Feeling Aggrieved, petitioner has approached this Court. Rule 5(1) of 1974 Rules as applicable in the State of Uttarakhand, reads as under: "5. Recruitment of a member of the family of the deceased. - (1)In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission......."
(3.) HAVING perused Rule 5(1) of 1974 Rules, I have no hesitation to hold that compassionate appointment can only be granted in favour of unemployed family members of the government employee if spouse of the deceased employee was not working with Central Government or State Government departments or undertakings.;


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