IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 127 (S/S) of 2008 Rakesh Bisht S/o Shri Sain Singh Bisht R/o Village & Post-Gopeshwar Patwari Circle- Papariyana Tehsil and District-Chamoli. ........Petitioner. Versus 1. State of Uttarakhand through Secretary Medial Health and Family Welfare, Government of Uttarakhand Dehradun. 2. Director Medical Health and Family Welfare Uttarakhand, Dehradun. 3. Chief Medical Officer District Chamoli. ........Respondents. Shri Pankaj Purohit, learned counsel for the petitioner. Shri N.P. Sah, learned Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 12.05.2004, passed by respondent No. 3, whereby the petitioner has been refused appointment on compassionate ground on death of his mother for the reason that the petitioner’s father is already in Government service. 3. Rule 5 of U.P. Recruitment of Dependants of Government Servants Dying In Harness Rules, 1974, as amended vide notification No.6-XII/73-Ka-2-99, dated 20.01.1999, reads as under:- 5. Recruitment of a member of the family of the deceased- (1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government services on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person- (i) fulfils the educational qualifications prescribed for the post, (ii) is otherwise qualified for Government service, and (iii) makes the application for employment within five years from the date of the death of the Government servant: Provided that where the State Government is satisfied that the time-limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner. (2) As far as possible, such an employment should be given in the same department in which the deceased Government servant was employed prior to his death.” 4. The aforesaid Rule is applicable to the Government servants of Uttarakhand. Learned counsel for the petitioner drew attention of this court to case of Deepak Kumar, who filed writ petition No. 46 (S/B) of 2003, decided on 05.04.2004, and against which State of Uttarakhand preferred Special Appeal No. 12 of 2004, which was decided on 22.02.2006. In said case also the petitioner of said case had claimed compassionate appointment on the ground of death of his mother, while his father was in Government service. Learned Standing Counsel pointed out that petitioner of said case was dependant on his mother and father was living separately from his wife, as such, the petitioner of said case was directed to be given compassionate appointment. In the present case, it has nowhere been stated in the writ petition if mother and father were living separately and petitioner was dependant only on his mother. In the circumstances, it cannot be said that petitioner fulfils the conditions required under Rule 5, quoted above. 5. For the reasons, as discussed above, the writ petition is dismissed summarily. (Stay application No. 727 of 2008, stands disposed of). (Prafulla C. Pant, J.) Dt. 27.02.2008 Sweta