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2007 Supreme(All) 427
ALLAHABAD HIGH COURT
Rajeev Gupta,CJ
RAJENDRA SINGH
Versus
D F O FOREST KSHETRA TARAI WESTERN FOREST RAMNAGAR
Decided On : 22 February 2007
Special Appeal No. 37 of 2005
N.B.TIWARI, S.S.Negi,
Headnote:
Compassionate Appointment - Government Service - Rule 5 of the U. P Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 - Summary: The court dismissed the petition for compassionate appointment, emphasizing that the appointment must be made within five years from the date of the employee's death. The court highlighted that compassionate appointment is intended to provide immediate relief to the family in crisis and cannot be claimed as a matter of right after a substantial period has lapsed.
Fact of the Case:
The petitioner sought compassionate appointment under the Dying-in-Harness Rules, 1974 after the death of his father, who was a government servant. The court dismissed the petition, stating that the appointment cannot be made after a long gap and emphasized that the appointment must be made within five years from the date of the employee's death.
Finding of the Court:
The court found that the petitioner was not entitled to compassionate appointment as the application was made after a substantial period had lapsed from the date of the employee's death.
Issues: The main issue was whether the petitioner was entitled to compassionate appointment under the Dying-in-Harness Rules, 1974 after a substantial period had lapsed from the date of the employee's death.
Ratio Decidendi: The court held that compassionate appointment must be made within five years from the date of the employee's death and emphasized that it is intended to provide immediate relief to the family in crisis. The court highlighted that compassionate appointment cannot be claimed as a matter of right after a substantial period has lapsed.
Final Decision: The special appeal was dismissed, and the court held that the petitioner was not entitled to compassionate appointment under the Dying-in-Harness Rules, 1974 after a substantial period had lapsed from the date of the employee's death.
2. A Civil Writ Petition bearing No. 3090/2001 was filed before the learned Single Judge by the petitioner-Rajendra Singh for the following reliefs :
(a) Issue a writ, order or direction in the nature of mandamus com manding the respondent nos. 1 -3 to appoint the petitioner in place of his deceased father Khushal Singh as a Tractor Op erator according to the provi sions framed by the Government of U. P. for its servants under Dying in Harness Rules.
(b) Issue a writ, order or direction in the nature of mandamus com manding the respondents to make enquiry into the various represen tations made by petitioners mother Ganeshi Devi for appoint ment of the petitioner i. e. repre sentations dated 16-03-1993,17-04-1993,24-03-1996,05-09-1995 and 26-10- 1999 according to let ter No. 2862/25-3 dated 04-05-2000 and forthwith and appoint the petitioner as per dying in har ness Regulations No. 6-12/ 1973 Niyukti (4) dated 07-10-1974.
(c) Issue a writ or direction which this Honble Court may deem fit and proper under the circum stances of the case in favour of the petitioner.
(d) Award the costs of this writ pe tition to the petitioner.
(e) Issue a writ, order or direction in the nature of certiorari to quash the impugned order passed by the respondent no. 1 letter No. 3000 dated 17-05-2000 in dis missing the office letter No. 2862/25-3 dated 04-05-2000 (Annexure No. 25 dated 17-05-2000) to this writ petitioner.
3. The father of the petitioner late Sri Khushal Singh was working in the Forest Department, Ram Nagar Vriksharopan-Van-Vibhag, Tarai Pashchimi, District Nainital on the post of Tractor Operator. The father of the petitioner died during his service on 18-09-1975 leaving behind his wife Smt. Ganeshi Devi and two sons Pooran Singh and petitioner (appellant) Rajendra Singh. It was further alleged in the petition that the petitioners date of birth was 10-05-1974 who attained the age of majority on 10-05-1992. Smt. Ganeshi Devi W/o Late Khushal Singh sent a representation dated 16-03-1993 to the Forest Department
stating therein that her son be appointed under the Dying-in-Harness Rules, 1974 (hereinaf ter referred as 1974 Rules ). The repre sentation of the mother of the petitioner was dismissed on 17-05-2000, hence the petitioner filed the writ petition before the learned Single Judge.
4. The counter affidavit was filed by the respondents against the writ pe tition stating therein that the wife of Khushal Singh preferred an application on 16-03-1993 stating that her husband Khushal Singh tractor operator died on 18-09-1975 while he was in service and his son Rajendra Singh, petitioner (ap pellant) may be appointed on compas sionate ground in the department. The said application was rejected on 07-04-1993. Thereafter she again preferred her claim which was again rejected on 07-09- 1993 and 14-03-1996. Inspite of the said rejections, she again preferred an application for the compassionate ap pointment of her son Rajendra Singh, petitioner (appellant) which was again rejected on 27-03-1996 and again on 17-05-2000. It was further pleaded that due to the promotion of Sri Ram Avtar and Kheemanand tractor cleaner to the post of Tractor Operator, two posts of tractor cleaner were vacant and as such the petitioners elder brother Pooran Singh and on Sri Girish Chandra Pathak who were working as seasonal daily wagers were appointed as tractor cleaner. In fact, the elder brother of the petitioner was a junior in the seasonal daily wagers and because he was enti tled to get the service under the dying in harness rules and as such he was appointed as tractor cleaner. Another person Girish Chandra Pathak was ap pointed
