PRATIBHA DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shiv Sagar Singh, learned counsel for petitioner and learned Standing Counsel for respondents.

(2.) Petitioner is claiming a mandamus commanding respondents to give her compassionate appointment on the post of Constable (Ministerial), a Group 'C' post under U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the "Rules, 1974").

(3.) Petitioner's husband, Krishna Nand Dubey was a Constable in U.P. Police Force and died in harness on 14.07.1993. Thereafter petitioner applied for compassionate appointment in 1996 after acquiring education so as to claim appointment on a higher status post. This itself shows that petitioner immediately after death of her husband did not suffer penurious condition so as to require immediate succor for her maintenance and, therefore, the very objective of compassionate appointment would have forfeited if petitioner would have been given appointment after three years. Still, respondents considered petitioner's application made in 1996 and offered her appointment on a ClassIV post on 22.04.1998 but petitioner insisted for compassionate appointment on a Group 'C' post and did not accept offer of appointment made in 1998 on ClassIV post.