Hon’ble Rajes Kumar, J.—The petitioner is the daughter of the decased employee, Smt. Vimla Singh, who was working on the post of Midwife in the department of Family Welfare State of U.P., died in harness on 11.3.2006.

2. Smt. Vimla Singh left three daughters and husband. The petitioner was the eldest one, applied for compassionate appointment on 21.9.2006 under the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (hereinafter referred to as “Dying in Harness Rules, 1974”).

3. It appears that application has been processed in the year 2008. The Chief Medical Officer, Azamagarh wrote a letter to the Director General Medical Health Services, U.P., Lucknow vide his letter dated 2.4.2008 for necessary action on the application of the petitioner. The said letter is Annexure-3 to the writ petition. In pursuance of the letter of the Director General Medical Health Services, U.P., Lucknow dated 7.10.2008, the Chief Medical Officer, Azamgarh wrote a letter dated 10.2.2009 to the Superintendent Primary Health Centre Pawai, Azamagarh stating therein that certain deficiencies have been found in the case of compassionate appointment of the petitioner. T