- (1.) HEARD Sri Dinesh Pratap Singh, learned Standing Counsel for the opposite parties and perused the material available on record.
(2.) PETITIONER is an unmarried daughter of the deceased Late Shyam Lal Verma who was working with opposite parties and was regular employee. The father of the petitioner died in harness and the petitioner being unmarried daughter and dependent of late applied for appointment under Dying -in -Harness Rules.
(3.) HER case has been rejected by Chief Medical Officer vide order dated 2 November 2011. The case has been rejected mainly on the ground that the brother of the applicant is working in a Bank on a respectable post and secondly that the mother of applicant is getting pension. As such the Chief Medical Officer has informed that the family conditions are not as bad? as to warrant appointment under Dying -in -Harness Rules. Counter affidavit has been filed by the opposite parties in which the same ground has been reiterated in para 3. No other ground has been taken in the counter affidavit. Petitioner has filed rejoinder affidavit and submitted that she has the qualification of B.A. and B.Ed. and knows the typing work also. The petitioner is an unmarried daughter and the brother has already left the house and living separately. He is posted outside the city at the time of death he was posted at Kolkata. As such he is not looking after the unmarried sister and mother. The petitioner is totally dependent on herself and the pension of the mother. In para 5 of the rejoinder affidavit the petitioner has submitted that even during the life time of the father of the petitioner a heavy loan was borrowed from the Banks for the purpose of marriage of his elder daughter. The loan has not been refunded till date and the major amount of pension goes towards that.;