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IN THE HIGH COURT OF ALLAHABAD
RAJAN ROY, J.
Pawani Awasthi – Petitioner
Versus
State of U.P. and Others – Respondents
Writ Appeal No. 6640 of 2021
Decided On : 04-05-2022
Constitution of India, 1970 - Article 14 - U.P. Recruitment of Dependents of Government Servants Dying in Harness (Fifth Amendment), Rules, 1999 - Certiorari - Equality before Law - Quashing the impugned order - Petitioner has prayed for relief - Writ Petition is relevant in this regard - High School mark-sheet also discloses the aforesaid fact, to the petition - Rule (5) of the aforesaid Rules, 1974 it does not contain any such stipulation that the educational qualification should be fulfilled by such dependent of a deceased employee on the date of death of the deceased.
Finding of the Court:
Instead of quashing the said provision, ends of justice would suffice if the words dependent of the deceased employee who applies for compassionate appointment should possess the minimum educational qualification prescribed for the post in question on the date of submission of such application or on the date of being considered for selection but within the time limit prescribed by Para 3(8) of the said Government Order dated 04.09.2000, otherwise the provision would not stand the test of Article 14 of the Constitution of India - This will protect it from being declared unconstitutional. The Government Order shall now be read, understood and applied accordingly - In view of the above clarification of law on the subject, the impugned orders are quashed - Claim of the petitioner shall now be reconsidered for compassionate appointment for a clerical post in the light of the aforesaid, subject to availability of vacancy and the decision taken shall be communicated to the petitioner within three months.
Results: Writ Petition is allowed.
JUDGMENT :
RAJAN ROY, J.
1. Heard Sri Vijay Kumar Srivastava, learned counsel for the petitioner, Sri Vivek Shukla, learned Additional C.S.C. and Sri Ajay Kumar, learned counsel for the B.S.A.
2. By means of this petition, the petitioner has prayed for the following reliefs:
(I-A) a writ order or direction in the nature of Certiorari thereby quashing the Government Order dated 04.09.2000 to the extent it provides for attaining the educational qualification on the date of death of deceased employee, which is contained as annexure no. 11 to the writ petition.
(II) A writ, order or direction in the nature of Mandamus thereby directing the opposite parties to provide appointment to the petitioner on Group-C Post under Dying-In-Harness Rules 1974.
(III) Any other order or direction may also be passed which the Hon'ble Court deems fit and proper under the facts and circumstances of the case.
(IV) Cost of the writ petition may kindly be awarded to the petitioner.”
3. The petitioner’s mother was an Assistant Teacher at Primary School, Bhagginivada, Block-Shivrajpur, Kanpur Nagar. She died-in-harness on 07.10.2016. The applicant- petitioner who was at that time studying in intermediate after having passed the high school applied for compassionate appointment on 30.09.2019 after completing her intermediate. The claim has been rejected vide orders of B.S.A. Kanpur Nagar dated 04.12.2019 and 27.08.2020 on the ground that as per Government Order dated 04.09.2000, the person applying for compassionate appointment should have the requisite qualification for the post on the date of death of the deceased employee. It is worthwhile to mention that on the date of her mother’s death, the petitioner was aged one month less than sixteen years, her date of birth being 20.11.2000. Para No. 5 of the writ petition is relevant in this regard. The high school mark-sheet also discloses the aforesaid fact, copy of which is annexed as Annexure No. 6 to the petition.
4. The State has not filed any counter affidavit inspite of order dated 28.07.2021 and subsequent orders dated 16.08.2021, 06.09.2021 and 21.09.2021. The Court, therefore, proceeds to decide the matter.
5. When the Court peruses the Government Order dated 04.09.2000, it finds that in Para No. 3(5), the following provision has been made:
Rule (5) of the aforesaid Rules, 1974 it does not contain any such stipulation that the educational qualification should be fulfilled by such dependent of a deceased employee on the date of death of ....
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....
The main legal point established in the judgment is that compassionate appointment cannot be claimed as a matter of right, but if an applicant is bona fide and fulfills the necessary qualifications, ....
Compassionate appointment - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
Compassionate appointment is an exception to the general rule and is provided to enable the family to tide over the sudden crisis caused by the death of the bread earner. The appointment can only be ....
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the rem....
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