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J. J. MUNIR
Rafat Naaz – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.-The late Mohd. Rashid was appointed an Assistant Teacher in the Education Service of the State way back on 1.1.1990. He went on to hold the position of the Officiating Principal, Government Inter College, Kaulsena, Bulandshahr in course of time. He died in harness on 14.7.2020. The late Mohd. Rashid had a dependent family of five members, to wit, his wife, Rafat Naaz (petitioner No. 1), three sons, namely, Mohd. Rehan Khan, Mohd. Rakib Khan, Mohd. Raza Khan (petitioner No. 2) and a daughter Rafia Naaz. Rashid's death left his family, as they say, facing a huge financial crisis. They are virtually on the verge of starvation.
2. Rashid's widow, the first petitioner made an application, seeking compassionate appointment for her son, Mohd. Raza Khan, the second petitioner under the Dying-in-Harness Rules applicable. The other dependents of the deceased tendered their no objection through an affidavit dated 18.5.2021. This affidavit was submitted to the District Inspector of Schools, Bulandshahr (for short, 'the DIOS'). The District Magistrate, Buland
The nomination in service records is decisive for entitlement to death-cum-retirement benefits, and a succession certificate does not confer beneficial interest.
A succession certificate does not create beneficial interest; the nominee's rights are subject to the claims of lawful heirs, as established by service records.
The legitimacy of children born from a void marriage is recognized, and compassionate appointment cannot be denied based on the lack of a succession certificate.
Married daughters are excluded from the definition of family for compassionate appointments under the applicable rules, and dependency must be established to qualify for such benefits.
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
Mohammedan Law – Succession – A married daughter cannot claim compassionate appointment as a matter of right specially when she has deliberately omitted to mention eligibility of her mother to get fa....
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
A second marriage during the subsistence of a first marriage is void, and nomination does not confer legal heir status.
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