Entitlement to compassionate appointment and the procedure for considering applications in the case of rival claimants.

JUDGMENT :

1. This writ petition is directed against order dated 2-12-2021 by which respondent No.2 has directed the petitioner to obtain succession certificate in order to claim compassionate appointment on account of death of his father late Shri Mohan Lal Anchal.

2. Shri Mohan Lal Anchal was working as Junior Assistant at Branch Pratappur of the Chhattisgarh State Warehousing Corporation. He died in harness on 26-4-2021 on account of being infected by COVID- 19. Suresh Kumar Anchal claiming to be son of Late Shri Mohan Lal Anchal with his first wife Smt. Rajkumari claimed compassionate appointment by filing application on 25-5-2021, whereas the present petitioner being son of Late Shri Mohan Lal Anchal through wife Smt. Tara Devi also filed application for compassionate appointment. It is the case of the petitioner that his mother’s name is also recorded in the nomination form submitted by his father Late Shri Mohan Lal Anchal. Respondent No.2 directed Smt. Tara Devi and the present petitioner – Piyush Kumar Anchal to obtain succession certificate, by the impugned order. The present petitioner earlier filed a writ petition before this Court being W.P.(S)No.4796/2021 in which this Court by order dated 9-9-2021 has directed respondent No.2 to decide the claim of the petitioner for compassionate appointment. Now, order has been passed rejecting the application filed by the petitioner on the ground that valid succession certificate has not been filed by the petitioner and liberty has been given to the petitioner to consider the application after the valid succession certificate is obtained against which this writ petition has been filed.

3. Return has been filed on behalf of respondents No.2 to 5 stating inter alia that the order passed by respondent No.2 is strictly in accordance with law and since two applications by two rival claimants have been preferred claiming appointment on compassionate ground, the respondent Corporation has rightly directed the petitioner to obtain succession certificate. No rejoinder has been filed on behalf of the petitioner.

4. Mr. Rakesh Pandey, learned counsel appearing for the petitioner, would submit that the petitioner being son of Late Shri Mohan Lal Anchal through his wife Smt. Tara Devi, is entitled for compassionate appointment and the order directing for submission of succession certificate is unsustainable and bad in law and it is liable to be set aside. He would rely upon the decision of the Supreme Court in the matter of Union of India and another v. V.R. Tripathi AIR 2019 SC 666 and also relied upon the decision of the Supreme Court in the matter of Mukesh Kumar and others v. The Union of India (UOI) and others Civil Appeal No.1620/2022, decided on 24-2-2022 in which the decision of the Supreme Court in V.R. Tripathi’s case (supra) has also been followed. Mr. Pandey, learned counsel, further relied upon the decision of the Patna High Court in the matter of Raj Kishore Kumar v. State of Bihar and others 2009 SCC OnLine Pat 582 to buttress his submission.

5. Mr. B.D. Guru, learned counsel appearing for respondents No.2 to 5, would support the impugned order stating that on account of two rival claimants, the application of the petitioner herein has rightly been rejected requiring and directing the petitioner to obtain succession certificate as to whether he is entitled for compassionate appointment or not.

6. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the material available on record with utmost circumspection.

7. There is serious dispute between the parties, whether the petitioner’s mother is first wife of the deceased Government servant late Shri Mohan Lal Anchal or the mother of Suresh Kumar Anchal, who also claimed compassionate appointment being another son of late Shri Mohan Lal Anchal from Smt. Rajkumari, is the first wife of the deceased Government servant, but the fact remains that even the illegitimate s