A.K.Yog, J. - (1.) Petitioner is the widow of Late Sri Kanhaiya Lal Chaudhary. The said Sri Kanhaiya Lal Chaudhary was appointed in May, 1988 as Daily Wager in Public Works Department, Provincial Division, Rudraprayag (Annexure-1 to the writ petition). The said employee worked continuously ever since and died on 30th March. 1992 in the Government Hospital. The petitioner made an application for appointment on compassionate ground under relevant Government order issued under Dying in Harness Rules, 1974 (Annexures 2 and 3 to the writ petition). The petitioner claims to have passed VIIIth Class and had a son aged about 5 at the time of filing writ petition.
(2.) Petitioner, not being given appointment as stated above, she filed this petition. This Court parsed an interim order dated 11.12.95 which reads as follows : "Let an interim mandamus be issued commanding 3rd respondent to either offer appointment to the petitioner under Dying in Harness Rules or show cause by filing counter affidavit within six weeks from the date on receipt of a certified copy of this order."
(3.) A counter affidavit has been filed on behalf of the respondents. The respondent has filed copy of service book (Annexure CA II to the writ petition). In para 6 of the counter affidavit, it is disclosed that appointment under Dying in Harness Rules, 1974 could not be extended in the case of employee who was not regularly appointed.;