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2010 Supreme(All) 2494

V.K.BIST
Vinita Kotnala (Smt. ) – Appellant
Versus
State of Uttaranchal and others – Respondent


Advocates:
M.C.Tiwari, S.S.Chaudhary, M.C.Kandpal

V.K. Bist, J.-

Present writ petition has been filed by the petitioner for quashing the order dated 5.10.2005 passed by the Superintendent of Police, Uttar-Kashi. Further prayer has been made for a direction to the respondents authorities to appoint the petitioner against Class IV post in the Department on the basis of U.P. Recruitment of Dependants of Government Servants Dying-In-Harness Rules, 1974 (hereinafter referred to as Dying-In-Harness Rules).

2. Brief facts of the case, as narrated in the petition, are that husband of the petitioner Durga Prasad joined Police Department in the year 1992. He got married with the petitioner in the year 1993 and out of wedlock one son and two daughters were born. The husband of the petitioner disappeared on 9.5.2003 and is missing from that day. The petitioner made representation before the Superintendent of Police, Uttar-Kashi, who on the basis of Government order dated 20.3.1987 completed all formalities and sent a letter to Director, Lekha Evam Haqdari, Uttaranchal and requested him to pass payment order in favour of the petitioner regarding family pension and gratuity. According to learned counsel for the petitioner this amount was sanction


















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