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IN THE HIGH COURT OF ALLAHABAD
Chandra Dhari Singh, J.
Vishal Saini - Petitioner
Vs.
State Of U.P. and others - Respondent
SERVICE SINGLE No. - 21946 of 2020
Decided On : 17-02-2021
U.P. Recruitment of Dependent of the Rules – Rules 5, 2 – U.P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974 – Compassionate Ground – Qualification – Petitioner has approached this Court challenging the order whereby the Director General, Jail Administration and Reforms Services Directorate, Lucknow has rejected the representation of the petitioner for compassionate appointment on the ground of delay – The petitioner, inter alias, has further prayed for a direction to the respondents to appoint the petitioner on compassionate ground according to his qualification.
Finding of the court: Petitioner submitted that when his mother died, he was only 11 years old and after attaining the age of majority, the petitioner has sought for compassionate appointment. – Department negatived the representation in this matter taking stand that the application was not made within prescribed period. – However, the petitioner's request for compassionate appointment was made soon after petitioner attained majority. – Under Rule 5 the time limit within which the dependant of the deceased employee is to be accommodated is fixed as five year. – This period can be extended under proviso to Rule 5 where burden of proving the fact that compassionate circumstances continued to exist even till date was on the petitioner himself which he has successfully discharged in this case. – On the basis of objective considerations founded on the disclosures made by the petitioner in this case for compassionate appointment and having considered the reasons for the delay, Court is of the opinion that undue hardship within the meaning of the first proviso to Rule 5 of the Rules would be caused to the petitioner. – The expression 'undue hardship' has not been defined in the Rules. – Undue hardship would necessarily postulate a consideration of relevant facts and circumstances of the case. – It has been held that adopted son will be treated as son for the purpose of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. – Rule 2 (c) itself provides that the adopted son is entitled for compassionate appointment. – Hence, there is no force in the argument of learned Counsel appearing on behalf of the State that the adopted son is not entitled for compassionate appointment. – Impugned order has been passed by the Director General, Jail Administration and Reforms Services Directorate, Lucknow who did not have authority to reject the application of the petitioner on the ground of delay as Section 5 of 1974 Rules only empowers the State Government to do so. – Therefore, the concerned authority only had to refer the matter to the State Government for consideration of the application of the petitioner for compassionate appointment and this having not been done, renders the impugned order itself vitiated.
Result: – Writ Petition Allowed
JUDGMENT :
Chandra Dhari Singh, J.
1. Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State.
2. The petitioner has approached this Court challenging the order dated 11.12.2019 whereby the Director General, Jail Administration and Reforms Services Directorate, Lucknow has rejected the representation of the petitioner for compassionate appointment on the ground of delay. The petitioner, inter alias, has further prayed for a direction to the respondents to appoint the petitioner on compassionate ground according to his qualification.
3. Submission of learned Counsel for the petitioner is that the father of the petitioner, namely, Shiv Prasad Saini who was working as Chaukidar in District Jail, Unnao died on 29.06.2006 during service period and after the death of her father, the mother of the petitioner, namely, Smt. Munni Devi was appointed on compassionate ground on the post of Chaukidar. The mother of the petitioner was also died on 31.01.2012 during service period. The date of birth of the petitioner is 17.04.2001 and at the time of death of her mother, he was 11 years of age. The petitioner is the adopted son of late Munni Devi. The adoption deed was registered on 20.06.2007 in the office of Sub-Registrar, Unnao.
4. Learned Counsel for the petitioner has further submitted that after attaining the age of majority, the petitioner has applied for compassionate appointment on 11.10.2019 but the same has illegally been rejected by the respondent no.2 vide order dated 11.12.2019 on the ground that since the application has been moved after five years, therefore, the application of the petitioner is beyond limitation and he is not entitled for compassionate appointment. While passing the impugned order, the respondent no.2 has not taken into consideration the fact that at the time of death of his mother, the petitioner was minor and the petitioner has applied for compassionate appointment after attaining the age of majority which is within time as prescribed in U.P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974.
5. Per contra, learned Counsel appearing on behalf of the State has vehemently opposed the submissions of learned Counsel for the petitioner and submitted that the petitioner is the adopted son of the deceased employee and, therefore, he is not entitled for compassionate appointment. The petitioner has also applied for compassionate appointment beyond the limitation and, therefore, the respondent no.2 has rightly rejected the application of the petitioner.
6. I have considered the submissions of learned Counsel for the parties and perused the record.
7. To appreciate the contentions, it is necessary to first examine the relevant provisions of the U.P. Recruitment of Dependent of the Rules. The expression 'deceased Government servant' is defined by Clause (b) of Rule 2 to mean a Government servant who dies while in service. Rule 2(c) of the Rules defines ''family'. Rule 2 (c) of 1974 Rules defines expression "family" of a deceased employee in the following terms:
(i) Wife or husband;
(ii) Sons/adopted sons;
(iii) Unmarried daughters, unmarried adopted daughters, widowed daughters and widowed daughters-in-law;
(iv) Unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried;
(v) aforementioned relations of such missing Government servant who has been declared as "dead" by the competent Court;
Provided that if a person belonging to any of the above mentioned relations of the deceased Government servant is not available or is found to be physically and mentally unfit and thus ineligible for employment in Government service, then only in such situation the word "family" shall also include the grandsons and the unmarried granddaughters of the deceased Government servant dependent on him."
8. Rule 5
Point of law: A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutio....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
Compassionate appointment is an exception to the general rule of public employment and is meant to provide minimum relief for meeting immediate hardship to save the bereaved family from sudden financ....
The main legal point established in the judgment is that compassionate appointment should be sought with immediacy to mitigate the hardship caused due to the death of the bread earner in the family, ....
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
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