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Journalism of Courage
ALLAHABAD, JULY 31: The Allahabad High Court has ruled that the dependents or heirs of a deceased advocate cannot claim a government job on compassionate ground under “dying in harness rule”.
The ruling was given by a division bench comprising Justice B K Roy and Justice D R Choudhari recently on a petition, filed by one Suman Sinha, seeking direction to the Chief Justice of the Allahabad High Court to provide her a job following the death of her husband, an advocate, earlier this month.
The Court, while rejecting the petitioner’s contention to provide her employment since she had to look after three minor children, asked the petitioner whether the Chief Justice had violated any statutory rules or act before pronouncing that the existing rules of `dying in harness’ does not provide any relief to heirs of an advocate.
The Court also rejected the petitioner’s plea to seek direction to the State Legislature to frame rules in the interest of the deceased advocates so that they can also get benefits like government jobs.
The Court observed that though it has inherent jurisdiction under Article 226 of the Constiution, it cannot direct the State Legislature to take policy-decisions as prayed for by the petitioner.
