IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 185 of 2011 Km. Mamta Kaira …Petitioner Versus Uttarakhand Transport corporation and others ….Respondents Present : Mr. Bhagwat Mehra, Advocate for the petitioner. Ms. Indu Sharma, Advocate for respondents. Sudhanshu Dhulia, J. (Oral) Heard Mr. Bhagwat Mehra, Advocate for the petitioner and Ms. Indu Sharma, Advocate for the respondents. The petitioner’s father died while in harness. The mother of the petitioner duly applied for appointment on compassionate ground on 22.12.2007. For reasons best known to the respondents, no such appointment was made. Consequently, the elder sister of the petitioner applied. However, this application also remained pending with the respondents and no orders have been passed. Now her elder sister has got married and therefore, she is not eligible for appointment on compassionate grounds. The petitioner now contends that she has moved an application for appointment on compassionate ground on 7.1.2011 which is pending with the respondents. The petitioner has referred to the Uttar Pradesh Road Transport Corporation Employees (other than officers) Service, Regulation, 1981, particularly regulation 77 which reads as follows:- “77. Employment to the dependant of an employee dying or incapacitated during service.- In the event of death or permanent 2 disability of an employee while in service his son or any other member of his family dependant on him may be appointed on a post in the service for which he possesses the prescribed qualification. The procedure for recruitment contained in these Regulations will not be applicable in his case. If necessary the age limit and academic qualifications may also be relaxed.” The petitioner is the daughter of the deceased employee and is liable to be given such employment. Appointment on compassionate grounds are made so that the family which has lost its only breadwinner may be compensated and its shock and distress may be reduced to some extent. It is done to over come the immediate financial hardship of the family. In the present case, there seems to be total apathy on the part of the respondents while not considering the appointment of the family member of the deceased-Mohan Singh Kaira who died in harness in the year 2007. Since the petitioner has already applied for compassionate appointment and the regulations applicable in the transport corporation provide for appointment on compassionate ground, it is directed that General Manager (Karmik), Uttarakhand Transport corporation, Head Office, Dehradun shall consider the case of the petitioner for appointment under Regulation 77 of Uttar Pradesh Road Transport Corporation Employees (other than officers) Service, Regulation, 1981 and pass an appropriate order within four weeks from the date a certified copy of this order is produced before him. The writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 02.08.2011 Kuldeep