By the Court.—We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh and Shri V.K. Singh for the petitioner. Standing Counsel appears for the respondents.

2. The petitioner’s husband late Shri Mani Prakash Pathak was serving in U.P. Police as Deputy Superintendent and was posted as Circle Officer, Collector Ganj, Kanpur Nagar with additional charge as In-charge Special Operation Group. On 13.6.2007 while he was returning after arresting some accused, the vehicle in which he was travelling met with an accident on Etawan Kanpur road. He sufferred serious injuries in the accident and died in a hospital on 24.6.2007.

3. The petitioner is an educated lady with M.A. and M.Ed. as her academic qualifications. In order to settle herself in life and to provide education to her two children, she made an application on 12th July, 2007 to the Senior Superintendent of Police, Kanpur Nagar, to consider her for appointment on compassionate grounds on the post of Officer on Special Duty under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (in short the Rules of 1974).

4. The S.S.P., Kanpur Nagar made a favourable recommendation for her appointment to the Inspection General of Police (Administration) Headquarter and Director General of Police at Lucknow to consider her for appointment under the Rules of 1974. The Inspector General of Police (Admn.) wrote a letter to the Superintendent of Police, Kanpur Nagar to forward her application giving her age, educational qualifications and details of dependent children. The S.S.P., Kanpur Nagar forwarded the details on 10th October, 2007.

5. It is stated that when no action was taken in the matter, a reminder was submitted by her to the S.S.P., Kanpur Nagar on 10th October, 2007, and that thereafter the petitioner made a detailed representation to the Secretary (Home) Government of U.P. Lucknow on 4.12.2007, requesting that she should be considered for appointment as Officer on Special Duty. After waiting for some time the petitioner sent a reminder on 24.1.2008 to the Secretary (Home) Government of U.P. Lucknow giving five instances, where the widows of the officers dying in harness, while on duty, were given appointment on Class-II posts as Officer on Special Duty. She cited the examples of (1) Smt. Sanju Yadav widow of late Shri Ramasraya Yadav (Deputy S.P.) working in the office of I.G. Zone, Bareilly; (2) Smt. Richa Singh widow of late Shri Pankaj Gautam (Deputy S.P.) working in the office of Police Headquarter, Allahabad; (3) Smt. Usha Yadav widow of late Shri Dhruv Lal Yadav (Deputy S.P.) working in the office of Director General of Police U.P. at Lucknow; (4) Smt. Nirupama Chaturvedi widow of late Shri Bal Krishna Chaturvedi (I.G.) working in the office of Police Headquarter, Allahabad and Smt. Madhuri Pandey working in the office of D.G.P. U.P. Government at Lucknow.

6. The petitioner again sent reminders to the Principal Secretary (Home) on 23.2.2008 and on 25.3.2008. In response she was communicated the decision of the State Government by the Inspector General of Police (Estt.) U.P. by letter dated 8th April, 2008 addressed to the Senior Superintendent of Police, Kanpur Nagar, to appoint her in accordance with her qualification on a Class-III post.

7. The petitioner on receiving the offer immediately made a representation to the Inspector General of Police (Estt.) Lucknow on 5.5.2008, requested again for appointment on the post of Officer on Special Duty citing the five illustrations, as above. She also reminded that her husband had shown exemplary courage and bravery in performance of his duties, and that he had died on duty in an operation to arrest the dacoits Shyam Lal Baheria and Akhilesh etc. She also referred to her excellent academic career, in Vanasthali Vidyapeeth Rajasthan from where she had obtained degree of B.Sc.; M.A. in Sociology (2007) from M.J.P. Ruhilkhand University, Bareilly U.P.; L.T. from Government Col