Ran Vijai Singh, J. - (1.) THE petitioner, claiming herself to be unmarried daughter of late Ram Jhalak, who was appointed as Constable in U.P. Civil Police, approached this Court under Article 226 of the Constitution of India for redressal of her grievance with regard to the compassionate appointment. It is stated in the writ petition that the petitioner's father was constable in Civil Police and he was abducted while he was in the service. Consequently an F.I.R. was lodged by one Sub -Inspector namely Sri Chandra Dev Singh, which was registered as Case Crime No. 37/1998, under Section 364 I.P.C. on 9.3.1998. In the aforesaid case, a final report was submitted to the effect that his whereabouts was not known. It appears taking shelter of Section 108 of Indian Evidence Act, the petitioner filed an application for compassionate appointment in the year 2004 to be more specific on 31.12.2004 claiming civil death of her father. At one point of time, the department has initiated proceedings for offering appointment on compassionate ground but later on taking note of the Government Order dated 9.12.1998 and Circular of the Police Headquarter dated 27.8.2007, the appointment was refused.
(2.) A counter -affidavit has been filed by the State respondents in which the factum of lodging an F.I.R. under Section 364 I.P.C. on 9.3.1998, the submission of final report, the acceptance of the same by the Court and the petitioner's application seeking appointment on compassionate appointment in view of the provisions contained under Section 108 has not been disputed. What has been stated in the counter -affidavit is that in view of the Government Order dated 9.12.1998 and the Circular of the Police Headquarter dated 27.8.2007, the dependent of the deceased on account of presumption of civil death are not entitled to get benefit of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (herein after referred to as Rules). A rejoinder affidavit has also been filed stating therein that the petitioner falls in the ambit of the Rules of 1974 and the Government Order/Circular issued by the State Government or the Police Headquarter are ultravires to the Rules of 1974.
(3.) I have heard learned Counsel for the petitioner and learned Standing Counsel.;