COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) 1369/2002 Smt. Hemlata Pant …….Petitioner Versus Union of India & Others ……Respondents Sri A.K. Sharma, learned Counsel for the petitioner. Smt. Anjali Bhargava, learned Standing Counsel for the Union of India. 28th April, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has challenged the orders dated 1.7.2002 and 23.7.2002 contained as Annexure No. 2 and 7 respectively, whereby petitioner’s application for compassionate appointment under the Dying in Harness Rules was rejected. 2. Petitioner’s husband, late Sri Dhirendra Kumar Pant was working in the office of respondents, who died in harness on 30.12.1998. Thereafter petitioner applied for compassionate appointment under the Dying in Harness Rules. There is quota of 5 per cent to be filled up from the candidates applying for compassionate appointment under the Dying in Harness Rules. Application of the petitioner for compassionate appointment was rejected on the ground that there was no post available in the department in the year in which the application was made. Application of the petitioner could not have been rejected. Rather the applicant should have been informed that as and when the post shall be available her candidature will be considered. 3. Therefore, the impugned orders 1.7.2002 and 23.7.2002 are hereby set aside. Respondents are directed to reconsider the case of the petitioner for appointment on the compassionate ground under the 5 per cent quota to be filled up under the Dying in Harness Rules within a period of two months from the date of production of certified copy of this order. The writ petition is disposed of accordingly. No order as to costs. (P.C. Verma, J.) Prabodh