Wife is claiming compassionate job, she is only entitled instead of sister of deceased Govt employee: HC Judgement

 Wife is claiming compassionate job, she is only entitled instead of sister of deceased Govt employee: HC Judgement 

Sister of deceased govt employee can’t be given compassionate job instead of his wife: HC

The Allahabad High Court has ruled that the sister of a deceased government employee cannot be given a job on compassionate grounds if his wife is alive and has claimed for appointment. Justice Neeraj Tiwari gave the order and dismissed a petition filed by Kumari Mohani, the sister of a deceased employee, seeking the court’s direction to the authorities concerned to consider her claim for appointment on compassionate ground.

The court observed, “In the present case, there is no dispute of fact that the deceased employee was married and his wife is alive and also claiming appointment on compassionate grounds. Therefore, under the rules, she is only entitled for appointment and no relief can be granted to the petitioner — sister.”

The father of the petitioner was working as ‘safai karmchari’ and during the course of service, he died.

After his death, the brother of the petitioner was granted appointment on compassionate grounds under the provisions of Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 as ‘safai karmchari’.

The brother of the petitioner also died in a road accident.

After his death, her mother gave consent for the appointment of the petitioner on compassionate grounds. The petitioner had filed a representation before authorities for her appointment, which was pending for decision.

The present petition was filed seeking direction to authorities to decide her representation for appointment, which has been declined by the court.

The counsel for the respondent had objected to the claim raised by the petitioner and said after the death of an employee, the first right on compassionate appointment goes to husband or wife, followed by sons/adopted sons, daughters including adopted daughters and widowed daughter-in-law, and then unmarried brothers, unmarried sisters and widowed mother dependent on the deceased employee if he/she was unmarried.

Wife is claiming compassionate job, she is only entitled instead of sister of deceased Govt employee: Text of High Court Judgement reproduced below:-

A.F.R.

Court No. – 34

Case :- WRIT – A No. – 4174 of 2022

Petitioner :- Km. Mohini
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Prakhar Tandon
Counsel for Respondent :- C.S.C.,Shravan Kumar Pandey,Shyam Narain Pandey
Hon’ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1, Sri Yashwant Singh, learned counsel for respondent nos. 2 and 3 and Sri S.N. Pandey, learned counsel for respondent no. 4.

Present petition has been filed with following prayers;

“(i). Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 01.12.2021 for compassionate appointment of the petitioner within a month.

(ii). Issue a writ, order or direction in the nature of mandamus directing the respondents to grant compassionate appointment to the petitioner.”

Learned counsel for the petitioner submitted that father of petitioner was working on the post of “Safai Karmchari Ward 99/107” at Nagar Nigam, Kanpur and during the course of service, he died. After his death, brother of petitioner (son of deceased- employee) has been granted appointment on compassionate ground under the provisions of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as “Rules, 1974”) as “Safai Karmchari” to cater the need of all family members dependent upon deceased- employee including petitioner- sister. Unfortunately, in a road accident, brother of petitioner also died on 16.10.2021. After his death, her mother has given consent for appointment of petitioner on compassionate ground. Petitioner has filed representation dated 01.12.2021 before respondent no. 2 for appointment, which is pending for decision, therefore, a direction may be issued to respondent no. 2 to decide the same and appoint the petitioner on compassionate ground under the provisions of Rules, 1974 amended vide The Uttar Pradesh Recruitment of Dependants of Government Servants Dying In Harness (Twelfth Amendment) Rules, 2021 (hereinafter referred to as “Rules, 2021).

Learned counsels for the respondents objected the submissions raised by learned counsel for the petitioner and submitted that as per Rules, 1974 readwith amended Rules 2021, definition of family is given in order of hierarchy. After death of deceased- employee, first right goes to husband or wife, second right goes to sons/ adopted sons, third right goes to daughters (including adopted daughters) and widowed daughter-in-law and fourth right goes to unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried. He next submitted that in the present case, there is no dispute that deceased- employee was married and his wife has also raised a claim for appointment on compassionate ground after death of her husband. Therefore, as per Rules, 1974 readwith amended Rules 2021, petitioner has no right of appointment after death of deceased- employee and respondent no. 4 is only having right to be appointed on the compassionate ground after death of her husband.

Learned counsel for the petitioner could not dispute the aforesaid facts and only submitted that earlier appointment was given to her brother to cater the need of all family members dependant upon her father, therefore, petitioner is also entitled to get appointment after death of her brother.

I have considered the rival submissions raised by learned counsel for the parties as well as perused the record and Rules, 1974 readwith amended Rules 2021. Language of Rules is very much clear, which provides that first right of appointment on compassionate ground goes to husband or wife as the case may be in case of death of Government employee. For ready reference, Rules, 1974 is being quoted hereinbelow;

In the present case, there is no dispute of fact that deceased- employee was married and his wife is alive and also claiming appointment on compassionate ground. Therefore, under the Rules, she is only entitled for appointment and no relief can be granted to petitioner- sister, which is at Serial No. 4 in order of hierarchy given in Rules, 1974 readwith amended Rules 2021, in case deceased Government employee is unmarried. Therefore, petition is having no force and liable to be dismissed.

So far as claim of petitioner about her maintenance is concerned, it is open for her to seek appropriate remedy against respondent no. 4, if any Rule provides for the same.

Accordingly, writ petition is dismissed with aforesaid observations. No order as to costs.

Order Date :- 16.8.2022
Arvind