Heard learned Counsel for the petitioner and the learned Standing Counsel.
Counsel for the petitioner submits that the father of the petitioner was Section Officer ( Police Control) Home Department, Civil Secretariat, Lucknow, who died on 25.11.2006. The mother of the petitioner, namely, Savitri Devi had expired in the year 1978 as such he was the only legal heir of his parents. After the death of the petitioner, the petitioner submitted an application for appointment under the provisions of U.P. Recruitment of the Dependant of Government Servants Dying in Harness Rules 1974. When the petitioner was not given appointment inspite of lapse of considerable time, the petitioner filed a writ petition no. 8126 (SS) of 2007 which was disposed of with a direction to the Principal Secretary, Secretariat Administration to consider and decide the representation of the petitioner in accordance with law.
The State Government in compliance of the order of this Hon'ble Court passed the order dated 5th March, 2008 wherein it was observed that in view of the pendency of Case No. 256/07; Smt. Mridula Mishra vs. State of U.P. and others and in absence of succession certificate having 2 been issued from the competent court, the appointment under the Dying in Harness Rules will be considered.
Counsel for the petitioner submits that inspite of final order having been passed by the Civil Judge on 9.11.2009 deciding the case finally and submission of succession certificate, petitioner has not been given appointment under the Dying in Harness Rules.
Considering the peculiar facts and circumstances of the case, the Principal Secretary, Secretariat Administration, Civil Secretariat, Lucknow is directed to pass appropriate orders in accordance with the provisions of Dying in Harness Rules, within a period of two months, on the application of the petitioner for compassionate appointment after giving hearing to the petitioner and opposite party no.3 to the writ petition and other concerned persons, if any.
With the aforesaid observations and directions this writ petition is disposed of finally.
6.1.2010 HM/-