SMT SONI vs STATE OF UTTARAKHAND AND OTHERS

This writ petition has been filed for the following reliefs:

i) To issue a writ, order or direction in the nature of certiorari by quashing the impugned rejection order dated 28.07.2018 (Annexure -1 (Colly) to the

writ petition) passed by the respondent no.2 in compliance of the judgment of the Hon’ble High Court dated 16.05.2017 {Annexure-2 (colly) to the

writ petition}.

ii) To issue a writ, order or direction in the nature of mandamus commanding the respondents to appoint the petitioner on compassionate grounds

against any suitable group “D†post in the department of Uttarakhand Jal Sansthan by holding that the petitioner is entitled for compassionate

appointment, without any further delay in the light of “The Uttarakhand Government Servants Dying in Harness Rules 1974 (as amended from time

to time)†applicable in the department since dated 20th June, 2001 read with the Scheme for Training, Ministry of Personnel, Public Grievances and

Pension, Government of India no.14014/6/94-Estt.(D), dated 9th October 1998, which is applicable to all the departments of the Central as well as

State Governments including the respondents as recommended by the respondent no.3 {Annexure-9(colly) to the writ petition} and also considered by

the respondent no.2 in the notings of the departmental proceedings dated 16.05.2009 to 9.6.2010 {Annexure-15 (Colly) to the writ petition}.

Counter affidavit has been filed by the respondent nos.2 and 3, wherein it is stated that respondents scrutinized the claim of the petitioner

whereafter it was found that the petitioner did not have the minimum requisite qualification which is required for Sever Beldar/Assistant Linemen. As

per Service Rules of 2004 of Uttarakhand Jal Sansthan, the minimum educational qualification for Sever Beldar/Assistant Linemen as prescribed is 5th

class pass, however, after verification, it was found that petitioner is only 3rd class pass. It is also stated that though the petitioner does not possess

minimum qualification, even then, the respondents are ready to re-consider the claim of the petitioner for compassionate appointment.Â

Learned counsel for respondent nos.1 and 2 submits that 3rd class pass and 5th class pass does not make any difference but the objective behind

fixing minimum qualification as 5th class is to find an employee, who is at least acquainted in writing applications and making signatures on pay slip,

etc. He further submits that in the peculiar facts and circumstances of the case, and also considering the nature of service, respondent department is

ready to give relaxation to the petitioner in educational qualification and is ready to re-consider the case of the petitioner for appointment on

compassionate ground but requested that it may not be treated as precedent for others.

This Court appreciates the submissions made by Mr. Rakesh Thapliyal, Advocate and also the approach of the Officers of the department in

reconsidering the case of the petitioner, giving relaxation to the petitioner in the educational qualification.Â

In the light of aforesaid, this writ petition is disposed of with the observation that respondent nos.2 and 3 shall reconsider the case of the petitioner

for appointment on compassionate ground, ignoring the educational qualification of the petitioner. The entire exercise shall be carried out by the

respondents at the earliest.