HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition no. 398 of 2006 (SS) Babita Kumari d/o late Sri Lal Singh Village Murliwala P.O. Jaspur District Udham Singh Nagar ........... Petitioner Versus 1. State of Uttaranchal through Secretary Basic education Department, Dehradun 2. Director of Education (Basic) Uttaranchal 3. Zila Basic Shiksha Adhikari, Udham Singh Nagar 4. Assistant Basic Shiksha Adhikari, Jaspur District Udahm Singh Nagar .......... Respondents Sri Jitendra Chaudhari, Advocate for the petitioner Standing Counsel for the respondents. Dated: 24.3.2004 Hon. Rajesh Tandon, J. Heard the learned counsel for the parties at length. By the present writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to grant compassionate appointment to the petitioner and also to give relaxation to the petitioner under Rule 5 (1) of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules. Briefly stated, the father of the petitioner late Sri Lal Singh was appointed on the post of assistant Teacher in Basic Education Department and he died in harness on 10.10.1990. At the time of the death of her father the petitioner was minor. She attained majority and passed her intermediate examination in 2 the year 2003. The petitioner has submitted that on 30.7.2003 she moved an application on compassionate ground to respondent no. 3, who recommended the matter to the Director of Education (Basic) Uttaranchal, Dehradun. Thereafter the petitioner went to the Office of respondent no. 3 and 4 and approached them personally but the respondents have not decided the representation of the petitioner as yet and have not given her appointment on compassionately ground. The counsel for the petitioner has cited judgment dated 22.12.2005 passed by this Court in Writ petition No. 1953 of 2005 (SS) Mahavir Singh vs. State of Uttaranchal & others, and has submitted that the facts of the present case are squarely covered by the case of Mahavir Singh. The respondents are directed to decide the representation of the petitioner in accordance with law. Accordingly, writ petition is disposed of. No order as to costs. Dated: 24.3.2006 Rajesh Tandon, J. *Dhyani