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IN THE HIGH COURT OF ALLAHABAD
IRSHAD ALI, J.
Anurag Kumar Gupta, S/o. Late Jai Prakash Narain Gupta - Petitioner
Versus
U.P. Sahkari Gramya Vikas Bank Ltd. Thru M.D. and Anr. - Respondents
Writ-A No. 1994 of 2009
Decided On : 24-07-2023
Criminal Procedure Code, 1973 - Section 156(3) - U.P. Rajya Sahkar Gram Vikas Bank Employees Srvice Rules, 1976 - Rule 73(3) - U.P. Cooperative Societies Employees Service Regulations, 1976 - Regulation 84(iii) - U.P. Co-operative Societies Employees Service Regulations, 1975 - Regulation 104 - Compassionate appointment - Quashing impugned order - Special Appeal - Suspension during earlier disciplinary proceeding - Disciplinary proceeding - Held, Court have come across cases where for nearly two decades controversy regarding application made for compassionate appointment is not resolved - Consequently leads to frustration of very policy of granting compassionate appointment on death of employee while in service - Consideration must be fair, reasonable and based on relevant consideration - Application cannot be rejected on basis of frivolous and for reasons extraneous to facts of case - Then and then only object and purpose of appointment on compassionate grounds can be achieved - In view of reasons recorded above and in view of judgment relied upon by learned counsel for petitioner in case of (Supra), judgment relied upon by learned counsel for respondent is not attracted to present facts and circumstances of case - Writ petition allowed.
JUDGMENT :
1. Heard Sri Y.S. Lohit, learned counsel for the petitioner and Sri Balram Yadav, learned counsel for the respondent(s).
2. By means of present writ petition, the petitioner has prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to provide compassionate appointment to the petitioner as per his educational qualifications under the provisions of Regulation 104 of U.P. Co-operative Societies Employees Service Regulations, 1975 in place of his father, whose civil death has been declared on 30.04.2008 by the competent court of law with a further prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 31.08.2004 contained as Annexure-19 to the writ petition with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner's father as reinstated in service till the date of his civil death i.e. on 30.04.2008 as declared by competent authority of law and to issue a follow up direction to the respondents to pay the arrears of salary and allowances and other consequential benefits to his legal heirs.
3. Brief facts giving rise to the present writ petition are as under :
| Sr. No. | Relevant Facts of the Case |
| a. | Father of the petitioner was appointed on 03.09.1971 on the post of Lekha Lipik / Ankik i.e. Account Clerk i.e. Class-III Post at Bansedeeh Branch of U.P. Sahkari Gramya Vikas Bank Ltd. (for short, "the Bank"). Thereafter, he was posted as Head Accountant at 10, Mall Avenue, Lucknow Branch. |
| b. | He was placed under suspension vide order dated 01.03.1990 on 02.03.1990 by the District Manager of the Bank. Later on, he was dismissed from service vide order dated 08.06.1995. |
| c. | The said order was challenged in Writ Petition No.2891 (S/S) of 1995 before this Court, wherein aforesaid order of dismissal dated 08.06.1995 was quashed vide order dated 01.09.1995 imposing cost of Rs.1000/- upon the respondents leaving it open to pass a fresh order strictly in accordance with law. |
| d. | On 27.01.1997, father of the petitioner went to the Headquarter of the Bank at 10, Mall Avenue, Lucknow to receive the subsistence allowance but he did not return back to home. Cousin of father of the petitioner - i.e. Sri Vinod Kumar Gupta lodged a first information report (for short, "FIR") to the this effect in Police Station Hussainganj, District Lucknow but neither FIR was lodged nor anything was done in furtherance thereof. Thereafter, the FIR was lodged by competent Court of Law under Section 156(3) Cr.P.C. |
| e. | An advertisement to this effect was also telecasted on Doordarshan in furtherance of application on prescribed format on 29.03.1997, which was broadcasted on All India Radio in furtherance of application on prescribed format dated 09.07.1997 submitted by petitioner's father's cousin Sri Vinod Kumar Gupta. |
| f. | An application was sent by petitioner's mother for payment of amount payable to her husband as well as follow up payment to be made to the heirs on 13.03.2000, whereupon the General Manager (Administration) of the Bank asked for the copy of FIR, the certificate of the police and an indemnity bond. |
| g. | In pursuance thereof, all the documents were submitted by mother of the petitioner, which was followed by a reminder sent in the month of November, 2011. |
| h. | In Suit No.66/2007, the Civil Judge, (Junior Division), Muhammadabad, District Ghazipur gave a judgment on 30.04.2008 declaring the civil death of father of the petitioner by a decree dated 14.05.2008. |
| i. | On the basis of said judgment and decree, Nagar Palika Parishad, Muhammadabad, District Ghazipur issued the death certificate on 02.06.2008 m |
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
The main legal point established in the judgment is that the rejection of a compassionate appointment request must be based on valid and reasoned grounds, considering the financial distress of the pe....
Compassionate appointment applications must be submitted within one year of the employee's death, with strict adherence to guidelines to ensure timely relief for families in financial distress.
Compassionate appointments must address financial crises timely, with rules in effect at the time of application guiding decisions; administrative delays cannot negate this entitlement.
Point of law: compassionate appointment could not be denied on the ground that family benefit scheme was available, in as much as it was not a substitute for compassionate appointment, directed the r....
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
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