- (1.) HEARD learned counsel for the parties.
(2.) BY means of present petition, the petitioner has challenged the orders dated 07.11.2007 and 08.02.2008 by which his claim for compassionate appointment has been rejected on the ground that there is no provision in Dying -in -Harness, Rules 1974 for giving appointment to the dependent of missing government servant.
(3.) BRIEF facts of the case are that Late Sukhlal, father of the petitioner joined service on 03.09.1979 on the post of Foundry Assistant in Government Photo Litho Press, Roorkee and continued to work in the department till 16.01.1998. On 17.01.1998 he disappeared and could not be traced. His wife Smt. Kalawati lodged F.I.R. on 19.01.1998 with Police Station Gangnaher, Roorkee. The petitioner also informed Director, government Photo Litho Press, Roorkee on 19.01.1998 about disappearance of Late Sukhlal and requested for necessary action in the matter. On 20.01.1998 Deputy Director, Government Photo Litho Press, Roorkee wrote a letter to Police Station Gangnaher about disappearance of Sukhlal from 17.01.1998 and requested for necessary action. Thereafter, Smt. Kalawati requested several times to Deputy Director, Government Photo Litho Press, Roorkee for taking action to trace her husband. On 23.03.1998 P.S. Gangnaher, Roorkee informed Assistant Director, Government Photo Litho Press, Roorkee that the case was deeply examined and local police made all efforts to trace Sukhlal out but he could not be traced and still efforts are being made. Thereafter, on 15.04.1999 P.S. Gangnaher, Roorkee finally informed Assistant Director, Government Photo Litho Press, Roorkee that inspite of all efforts Sukhlal could not be traced. In the meantime Smt. Kalawati, wife of Sukhlal instituted Suit No. 134/2005 before Civil Judge/(J.D.), Roorkee for declaring Late Sukhlal as dead as defined under Section 108 of Indian Evidence Act, 1872. This suit was decreed on 14.03.2007 declaring Sukhlal as dead. The petitioner also filed several representations for granting payment of G.I.S. amount, Family Pension to the mother of the petitioner Smt. Kalawati and also for compassionate appointment to the petitioner under Dying -in -Harness, Rules 1974 but when nothing was done the petitioner filed Writ Petition No. 1339 (S/S) of 2005, mainly for direction to the respondents to appoint him in place of his deceased father Sukhlal under Dying -in -Harness Rules, 1974. The writ petition was allowed on 21.06.2006 and respondents were directed to consider the case of the petitioner for appointment under Dying -in -Harness, Rules 1974 in accordance with law. While allowing the writ petition this Court observed that principle of memorandum dated 09.10.1998 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievance and Pensions, government of India, which provides that cases of missing government servants are also covered for compassionate appointment will also be applicable in the present case. Judgment passed in Writ Petition No. 1339 (S/S) of 2005 was not challenged by the respondents in appeal and same became final.;