Point of Law: Service matter - Dying-in-Harness - Compassionate ground - Appointment - The appointment on compassionate ground is not a temporary appointment but same has to be treated as permanent appointment.

JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Sri. R.K. Upadhyaya, learned counsel for the petitioner and learned Standing Counsel for the State.

2. The question for consideration is that as to whether the compassionate appointment can be provided subject to the fulfillment of any condition to be completed in future failing which that appointment would be cancelled. To be more precise, as to whether the nature of compassionate appointment can be uncertain or temporary or it should have permanent character.

3. The brief facts of the case are that the father of the petitioner died in harness on 15.11.2017 while working on the post of Senior Assistant in the office of District Election Officer, Barabanki. After his death the petitioner was appointed on the post of Junior Assistant on compassionate basis on 02.05.2018 under the provisions of Dying-in-Harness Rule, 1974. He submitted his joining on such post on 17.09.2018.

4. In the aforesaid appointment order the petitioner was required to submit CCC certificate from DOEACC Society in Computer Operation within a year or any certificate from recognized, equivalent society along with 25 W.P.M. typing speed. The petitioner submitted CCC certificate on 12.02.2020 obtained from National Institute of Electronics and Information Technology (NIELIT).

5. Precisely, the grievance of the petitioner is that he was provided appointment on compassionate ground in the respondent department and said appointment was conditional to the effect that in case the petitioner completes the course of CCC certificate and acquires typing speed of 25 W.P.M. his appointment shall continue. As per impugned order, the petitioner could not obtain the required typing speed i.e. 25 W.P.M. therefore, his services have been terminated.

6. The case set up by the learned counsel for the petitioner challenging the impugned order on the premise that the appointment under Dying-in-Harness Rule is of permanent nature, inasmuch as, such appointment is provided to an employee whose bread earner has died in-harness and during the distress and difficulties of the family one eligible person of the family member is given appointment under the Dying-in-Harness Rule so that family of the deceased employee could survive. Therefore, if any appointment is provided to any person which is dependent upon any technical condition and if such condition does not fulfill the said appointment is cancelled, then the very purpose of providing appointment under Dying-in-Harness Rule would frustrate. Learned counsel for the petitioner has further explained the reason as to why the petitioner could not achieve such required speed but that explanation cannot be looked into at this stage being factual aspect but it can be seen as to whether the appointment under Dying-in-Harness Rule has been provided in the letter and spirit of the particular rule. The petitioner has categorically stated in Para 12 of the writ petition that after the death of the bread earner of the family the entire family is in distress and they are facing lot of problems. In this Para the reason of not obtaining the speed has been indicated. Learned counsel for the petitioner has further submitted that if the petitioner was not capable of discharging the duties of Junior Assistant in the District Election Office, Fatehpur as had been provided to him under Dying-in-Harness Rule any other appropriate appointment could have been provided to the petitioner which is of permanent nature.

7. Learned Standing Counsel has referred to the contents of various paragraphs of counter affidavit by submitting that since the petitioner could not achieve the required speed of typing which was mandatory for the post of Junior Assistant, therefore, his appointment has rightly been cancelled. The entire counter affidavit is based on the very fact that whatever was the required and mandatory conditions for holding any particular post, that condition must be fulfilled by the employee.

8. Heard learned counsels