Anil Kumar, J. - (1.) HEARD Shri S.P. Singh, learned counsel for petitioner, learned standing counsel and perused the record. Facts of the present case are to the effect that petitioner's mother working as Mukhya Sevika, died on 16.7.2004 during tenure of her services.
(2.) ON 19.8.2006 the petitioner moved an application for considering her case for compassionate appointment to the Director, (Bal Vikas Evam Pushtahar), Indira Bhawan, Lucknow, rejected by order dated 29.11.2006 (Annexure -1), on the ground that the compassionate appointment cannot be given to the petitioner because her father (Shri Kanhaiya Singh) is working as driver in the Irrigation Department, District -Gorakhpur, U.P. After the rejection of the case of the petitioner for compassionate appointment, on 3.1.2007, she again submitted an application to the opposite party No. 2 (Annexure -3) inter alia stating therein that her mother (late Smt. Meena Sharma) alongwith petitioner and 2 sisters is living separately from her father so keeping in view the said fact and also taking into consideration that the elder sister of the petitioner is 90% handicapped, the case of the petitioner may be re -considered for giving compassionate appointment however no heed has been paid hence the present writ petition has been filed thereby challenging the order dated 29.11.2006 (Annexure -1) passed by opposite party No. 2 as well as with a prayer that the opposite party concerned may be directed to consider the case of the petitioner for compassionate appointment under the provisions of Dying in Harness Rules, 1974 as well as the Government Order dated 7.10.1974.
(3.) LEARNED counsel for the petitioner submitted that the impugned order dated 29.11.2006 (Annexure -1) passed by opposite party No. 2 is illegal and unsustainable under law because the petitioner's mother is living separately alongwith petitioner and two other sisters so the action on the part of the opposite party No. 2 thereby rejecting the petitioner's case for compassionate appointment on the ground that her father (Shri Kanhaiya Singh) is working on the post of driver in the Irrigation Department, District -Gorakhpur cannot be granted for rejection of her case for giving compassionate appointment.;