- (1.) J. C. S. Rawat, J. 1. This special appeal under Rule 5 Chapter VIII of the High Court Rules has been filed against the judgment and order dated 02-03-2006 passed by the learned Single Judge of this Court in Writ Petition No. 4619/2001 (S/s), Vishal alias Golu Vs. State of Uttaranchal & others, whereby the learned Single Judge has allowed the writ petition and directed the respond ents to reconsider the case of the peti tioner Vishal alias Golu for the appoint ment under Dying-in-Harness Rules within a period of six weeks.
(2.) A Writ petition bearing No. 4619/ 2001 (S/s) was filed before the learned Single Judge by the writ petition-Vishal alias (Now respondent No. 1 in the present special appeal) for the fol lowing reliefs : (a) To issue an order, direction or writ in the nature of certiorari calling the service record and quashing the appointment of the respondent no. 3 made by the respondent no. 2 on the compas sionate ground in the District Mahila Hospital Dehradun, as a Sweeper. (b) To issue an order, direction or writ in the nature mandamus commanding the respondent no. 1 & 2 to make fresh appoint ment of the petitioner on com passionate ground in place of respondent no. 3. (c) To issue an order, direction or writ in the nature which this Hon'ble Court may deem fit and proper. (d) award the cost of the petition to the petitioner. The father of the writ petitioner i. e. Kamal Singh was employed in the District Manila Hospital, Dehradun as Sweeper. Kamal Singh-deceased had two wives. The real mother of the writ peti tioner died in the year 1986. It was fur ther alleged in the writ petition that af ter the death of real mother pf the peti tioner, Kamal Singh has kept Smt. Sarnawati as second wife. Kamal Singh died on 0/-12-1999 leaving behind his five unemployed dependents i. e. , four unmarried daughters and one son- the writ petitioner himself. After the death of the father of the petitioner, Smt. Sarnawati (appel lant) made an application to the depart ment claming herself to be the widow of late Kamal Singh and obtained service on compassionate ground in place of petitioner. It was alleged that the father of the writ petitioner never married with Smt. Sarnawati. After getting service on compassionate ground, Smt. Sarnawati-appellant has married with one Sudesh Kumar and left the dependents of the deceased- Kamal Singh. The petitioner-Vishal alias Golu made complaint to the authorities concerned regarding the remarriage of Smt. Sarnawati (appellant) as well as other fraudulent acts done by her for obtaining service on compassionate ground. On the complaint of the pe titioner, the authorities concerned made a detailed enquiry and found that Smt. Sarnawati-appellant has married with one Sudesh Kumar on 13-09-2000. It was further pleaded in the writ petition that Smt. Sarnawati- appellant got the compassionate appointment by misguiding the authorities concerned Feeling aggrieved by the appointment of Smt. Sarnawati, the petitioner-Vishal alias Golu had filed the writ /petition before the learned Single Judge for seek ing compassionate appointment in place of Smt. Sarnawati under Dying-in-Harness Rules, 1974.
(3.) SMT. Sarnawati- appellant had filed the counter affidavit denying the averments made in the writ petition. It was alleged in the counter affidavit that all the benefits on account of death of Kamal Singh were given to the petitioner and she has merely received the com passionate appointment and as such there is no reason to cancel her appoint ment. It is wrong to say that the re marriage of SMT: Sarnawati will loose the right of compassionate appointment. There is no agreement between SMT. Sarnawati and the petitioner or with the department that she will not marry again and thus the compassionate appoint ment cannot be cancelled merely on the ground that she had again married. After hearing the parties, the learned Single Judge had allowed the writ petition vide impugned order 02-03-2006 and directed the concerning au thority to reconsider the case of the writ petitioner- Vishal alias Golu for appoint ment under the Dying-in-Harness Rules. Apart from this, the learned Single Judge has also quashed the order dated 03-01-2000 regarding the appointment of Smt. Sarnawati.;