IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1144 of 2010. Km. Sushma Kaushal D/O Late Sri B.S.Kaushal R/O village Banghkhala, P.O. Ranghawala (Raipur) Dehradun. … Petitioner. Vs. Union of India and another. …Respondents. Mr. B.P.Nautiyal, Advocate, learned counsel for the petitioner. Mr. H.S.Rawal, Advocate, learned counsel for the respondents. Date December 13, 2010. Hon’ble B.S.Verma, J. (Interim Relief Application No. 10222 of 2010) Heard learned counsel for the petitioner and perused the record. By means of this writ petition, the petitioner has sought the following relief:- 1. Issue a writ or order in the nature of mandamus commanding the respondents to consider the case of the petitioner for appointment on compassionate ground being a dependent family member of Govt. servant dying in harness. 2. Issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. 3. Award the cost of the petition to the petitioners. It appears that late Sri Ajay Singh Kaushal, the unmarried brother of the petitioner, was serving with the respondent’s department as optical worker (semi skilled), who died while in service on 28-8- 2009. The petitioner claims herself to be dependent of his deceased brother. It appears that the petitioner made an application for appointment on compassionate ground owing to in service death of her brother before the respondent no. 2 on 12-10-2009. The grievance of the petitioner is that initially the petitioner was at serial no.1 in the list prepared by the respondent- department but later-on, her merit was changed to serial no. 3 and the 2 petitioner has not been given appointment under the dying-in-harness rules, while the candidates placed below the petitioners have been considered for being appointed. The petitioner has annexed the seniority list prepared for appointment under the Dying in Harness Rules (Annexure No.3 to the petition). In this list, no marks were shown against the name of the petitioner’s brother late Ajay Singh Kaushal. It is also provided at the foot of the list dated 24-9-2010 that the dependent of the deceased may make application within a period of ten days in case of any error in the list. No such representation was made by the petitioner. In the above facts and circumstances, liberty is given to the petitioner to make a representation before the respondent no.2. If such a representation is made, the same shall be decided by the authority concerned by a reasoned and speaking order within a period of four weeks from the date of production of a certified copy of this order along with the representation. With the above observation, the writ petition is disposed of finally. (B.S.Verma,J.) RCP