The purpose of compassionate appointments is to provide immediate financial assistance to the family of the deceased employee and alleviate their distress.

M.M. Ghildiyal, J.

By means of this writ petition, the petitioner has challenged the order dated 11.08.1999 passed by the A.D.P.S., office of Post Master General, Bareilly Region, Bareilly, contained in Annexure 2 to the writ petition, rejecting application of the petitioner for compassionate appointment under Dying in Harness Rules.

2. The brief facts of the case are that the father of the petitioner was an employee in the office of respondent no. 4 while, he was in service as Deputy Post Master at General Post Office, Almora, he died on 09.05.1998. After the death of father of the petitioner, Smt. Champa Devi wife of the deceased moved an application on 25.06.1998 for providing appointment to her son Naresh Kumar on compassionate ground under Dying in Harness Rules. The application of the petitioner was rejected vide order dated 11.08.1999 on the grounds that (1) elder son of the deceased is employed; (2) sons are grown up; (3) the family is not living and facing indigent condition and (4) adequate amount of terminal benefit was paid. This order is being challenged in the instant writ petition.

3. Heard Sri A. K. Joshi, learned counsel for the petitioner and Sri Rakesh Thapaliyal, learned counsel for the respondents.

4. The counter affidavit has been filed on behalf of the respondents in the counter affidavit, the respondents have taken the same stand which they have mentioned in the order impugned itself. Sri Rakesh Thapaliyal, learned counsel for the respondents has argued that since the elder brother of the petitioner is already employed in education department and the petitioner himself has grown up, the family was not living and facing indigent condition by the Circle Recruitment Committee while considering the application for appointment under Dying in Harness Rules. It was further stated by the learned counsel for the respondent that since adequate amount of terminal benefits such as death gratuity, C.G.E.I.S. amount, encashment of leave, welfare fund and G.P.F. which amounts to Rs. 5,75,603/- was paid to the wife of the deceased, the family can not be considered facing indigent condition and the petitioner is not entitled to employment under Dying in Harness Rules.

5. Sri Anil Kumar Joshi, learned counsel for the petitioner, has argued that the elder brother of the petitioner, namely, Deep Chandra Joshi no doubt is employed in education department but is living separately since before the death of his father and is not looking after the family. In support of this contention, he has drawn our attention to the certificate issued by the Pradhan and the letter of Smt. Champa Devi wife of the deceased. It is not disputed that the name of Deep Chandra Joshi, elder brother of the petitioner was already deleted from the service record during the life time of the petitioner's father on 12.01.1995 and in the service record of late Sri Kirti Ram Vidyapati only four dependents are recorded, namely, Champa Devi (wife). Naresh Kumar, the petitioner, Digamber Prasad (son) and Km. Kamla (daughter).

6. The Apex Court in the case of State of U.P. and others vs Paras Nath A.I.R. 1998 SC page 2612 in para 5 has held as under :-

"The purpose of providing employment to a dependent of a Government servant dying in harness in preference to anybody else, is to mitigate the hardship caused to the family of the employee on account of his unexpected death while still in service. To alleviate the distress of the family, such appointment are permissible on compassionate grounds provided there are Rules providing for such appointment. The purpose is to provide immediate financial assistance to the family of the deceased Government servant.”

7. In the case of Dhalla Ram vs Union of India AIR 1999 SC 564, the Honble Supreme Court has held that appointment on compassionate ground is not a method of recruitment, but is a facility to provide for immediate rehabilitation to the family in distress for relieving the dependent family members of the d