KM. SANTOSH DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner has filed the present writ petition praying for mandamus commanding the opposite parties to forthwith give her appointment under Dying-in-Harness Rules and for quashing order dated 26.04.2003 and further for quashing of Government Orders dated 26.03.2003 and 30.05.2001.

(2.) The case of petitioner is that her father was a Constable in U.P. Civil Police, who was murdered on 14.03.1981 while he was in service and, hence, petitioner is entitled for an appointment under Dying-in-Harness Scheme. Admittedly, at the time of death of her father petitioner was hardly four months of age as is clear from her High School Certificate filed by her as Annexure No.4 to the writ petition, which notes her date of birth as 15.07.1981. After attaining the age of twenty one years, she has filed an application for being appointed under Dying-in-Harness Rules and further claiming for grant of exemption of age while appointing her. Petitioner has strongly relied on two judgments of this Court reported in 2011 (29) LCD 2433; Dinesh Singh Vs. State of U.P. & others and the judgment dated 011.2010 delivered in Special Appeal No.1794 of 2010; Subhash Yadav Vs. State of U.P. & others.

(3.) Admittedly, the family of petitioner survived the harness period and the application has been made after twenty one years of death of her father. Art. 16 of the Constitution of India provides equality for appointment in service of State. Dying-in-Harness Rules are exception to the aforesaid General Fundamental Rules of every citizens. There are repeated judgments by which, the Apex Court as well as this Court have repeatedly held that purpose of Dying-in-Harness Rules is to provide support to meet the sudden financial crisis and is not a mode to provide employment to a person. These rules are for a situation where it becomes necessary, due to sudden death of sole bread earning members of the family to provide an employment under dying-inharness. The said law has been settled repeatedly by the following judgments.