M.Y.EQBAL, J. - (1.) IN this writ application the petitioner seeks a direction upon the respondents to consider her case for compassionate appointment.
(2.) THE case of the petitioner -widow is that her husband namely, late Brijnandan Singh was appointed as Home Guard in 1989. In 2002 while he was in patrolling duty he met with an accident and died in harness on 25.5.2002 leaving behind his wife (petitioner), two minor daughters and one minor son. It is stated that after the death of her husband she alongwith her minor children are facing much difficulties and are starving. Petitioner, therefore applied for compassionate appointment but till date no decision has been taken. A counter affidavit has been filed by the respondents in which it is stated that Home Guard Force is Volunteer Service Organization, which has been created to meet and tackle emergent unforeseen happenings and not to provide employment. It is further stated that the Home Guard Volunteer Services are guided by Home Guard Rules. Respondents' further case is that deceased Brijnandan Singh was not permanently appointed against any substantive vacancy and as such petitioner cannot claim compassionate appointment.
(3.) IT has not been disputed by the respondents that petitioner's husband Brijnandan Singh entered in the service of Home Guard in 1989. It has also not been disputed that he died while he was on patrolling duty. As against the averments made by the petitioner that in similar circumstances, on the death of Home Guard, compassionate appointment was given, it is stated by the respondents that it was done pursuant to the order passed by the High Court in the writ petition.;