Devendra Kumar Arora, J. - (1.) HEARD Sri Mohd. Ali, learned Counsel for the petitioner and Sri R. D. Shahi, learned Counsel appearing on behalf of the State.
(2.) BY means of the present writ petition, petitioner is seeking a writ of certiorari for quashing of the Order dated 15.6.2006, passed by Divisional Forest Officer, Social Forestry, Division Rae Bareli, contained in Annexure No. 1 to the writ petition. The petitioner has also sought a writ of mandamus commanding the opposite parties to provide her compassionate appointment under Dying in Harness Rules and pay her salary regularly in terms of the judgment & order dated 03.4.2006, affirmed by Division Bench of this Court as well as by Hon'ble Supreme Court in its judgment dated 06.12.2006 and 10.8.2007, respectively. Submission of learned Counsel for the petitioner is that the husband of the petitioner Late Chhotey Lal was under the employment of the opposite parties on the post of Mali (Group 'D' post) on daily wage basis. He worked w.e.f. March, 1998 to 16.5.2004 and he died during the course of his employment, leaving behind the petitioner (wife) and two minor children.
(3.) AFTER death of Sri Chhotey Lal, the petitioner being dependent (wife) made an application on 02.8.2004 before the Divisional Forest Officer, Social Forestry, Rae Bareli Division (Opposite Party No. 3) for compassionate appointment under the provisions of U. P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974. The request of the petitioner was rejected vide Order dated 3rd August, 2004 by the opposite party No. 3 on the ground that Group 'D' Services Regularisation Rules, 2001 do not provide any provision for compassionate appointment to the dependent of the employee working in the minimum of the pay -scale.;