HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 1471(S/B)2002 Smt. Premlata W/o Late Mr. Naresh Singh, Resident of village Sultanpur Faleda, Post Fatehpur Bishnoi, District Moradabad. ----- Petitioner. Versus 1. Union of India, through Secretary, Ministry of Human Resource Dev., New Delhi, 2. Assistant Commissioner, Kendriya Vidhyalaya Sangathan Dehradun Region, Salawala, hathibarkala, Dehradun 3. Principal, Kendriya Vidhyalaya, Near Railway Station, Moradabad, U.P., 4. Kendriya Vidhyalaya Management Committee, Kendriya Vidhyalaya, Moradabad, Near Railway Station, Moradabad U.P. through its Chariman, Division Railway Manager, Northern Railway, 5. Kendriya Vidhyalaya Sangathan, Headquarters, no. 18 Institutional Area, Shaheed Jeet Singh Marg, New Delhi 110016, Through its Commissioner. ----Respondents. Sri Siddhartha Sah, learned counsel for the petitioner. Sri Ashok Agarwal, learned Standing Counsel for Union of India, Hon’ble M.M. Ghildiyal, J. Heard Sri Siddharatha Sah, learned counsel for the petitioner and Sri Ashok Agarwal, learned Standing Counsel for Union of India. 2. This writ petition has been filed by the petitioner for the following reliefs:- i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the claim of the petitioner for appointment on compassionate grounds in place of her deceased 2 husband & give her appointment on Group-D post in Kendriya Vidhyalaya Sangathan at Kenddriya Vidhyalaya, Moradabad, ii. Issue a writ, order or direction in the nature of certiorari to quash the order dated 28.01.2002 passed by respondent no.3, iii. Issue any other writ, order or direction which the Hon’ble Court deems fit and proper under the circumstances of the case, iv. Award costs of this petition. 3. Submission of the learned counsel for the petitioner is that the husband of the petitioner late Sri Naresh Singh was temporarily appointed as Chaukidar with respondent no. 3 on 26.10.1994 and was confirmed on the post vide order dated 16.04.1998. In the month of November 2001, the husband of the petitioner fell ill and was advised by the doctor to take rest for two months. After recovery from his ailment, the husband of the petitioner presented himself before the respondents for resuming his duties, however he was not permitted to do so and an order was passed that he has lost lien on the post held by him. This order was passed by the respondent no. 3 on 28.01.2002. 4. Aggrieved with the order, late Sri Naresh Singh preferred appeal before the Appellate Authority which is still pending. The petitioner who claims to be the widow of late Naresh Singh has prayed for appointment on Group-D post under Dying-in- harness Rules. 5. Since the husband of the petitioner was not in service of respondent no. 3 at the time of his death, the petitioner cannot 3 claim appointment under Dying-in-harness Rules. Submission of the learned counsel for the petitioner is that the order of removal of the services of the petitioner’s husband dated 28.01.2002 is absolutely illegal and is not, at all, sustainable in the eyes of law. 6. Against the removal order the husband of the petitioner has preferred appeal before the authority concerned which is still pending before the Appellate Authority and the petitioner may pursue the same. 7. The petition lacks merit and is dismissed as such. (M.M. Ghildiyal, J.) June 15,2006: NCM: