IMPORTANT POINT
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 family pension.

JUDGMENT

J.J. Munir, J.—The petitioner’s father, the late Nasir Ahmad, was a Centrifugal Mechanic in the employ of the Purvanchal Vidyut Vitran Nigam Limited (short, ‘the Corporation’), and last posted in the establishment of the Executive Engineer, Electricity Distribution Phase-III, Malviya Road, Basti. The petitioner was married to one Nisar Ahmad, who is said to have divorced her through a Talaqnama dated 01.01.2008, pronouncing a Talaq upon his wife, in accordance with the Shariat Law, applicable to parties. The divorce, according to the Talaqnama was pronounced in the presence of two competent witnesses. After the petitioner’s divorce, it is her case that she came back to her father’s house at Village Tilauli, Post Sohnaag, District Deoria and is living there since January, 2008. A copy of the certificate of residence dated 12.04.2010 issued by the Deputy Collector on behalf of the Collector is on record.

2. The petitioner says that she is the only legal heir of the late Nasir Ahmad and for the said reason, has staked claim to a compassionate appointment. It is also said that for the same reason, she has applied for the payment of her father’s retiral dues vide a representation dated 21.09.2010. The respondents directed the petitioner to produce a succession certificate issued by a Court of competent jurisdiction, entitling her to the dues. Accordingly, the petitioner moved the District Judge, Deoria for the grant of a succession certificate under the Indian Succession Act, 1925. The petitioner’s petition for succession was registered as Succession Case No.597 of 2010 and assigned to the Additional District Judge, Court No.5, Deoria. The learned Additional District Judge granted a succession certificate in the petitioner’s favour, holding her entitled to receive from the Executive Engineer, Electricity Distribution Division-I, Basti, gratuity in the sum of Rs.4,02,501/-, leave encashment in the sum of Rs.84,159/-, an ex gratia sum of Rs.30,000/-, besides dues on account of GPF in the sum of Rs.1,73,559/-, totalling a figure of Rs.6,90,219/-.

3. The petitioner points out that the Executive Engineer, Electricity Distribution Division Phase-I, District Basti, sought legal opinion in the matter and the Corporation’s Counsel at Basti vide his opinion dated 31.12.2014, opined that all the documents produced by the petitioner have been verified from the Civil Court at Deoria as well as the Collectorate, which are genuine. It was further opined that the petitioner is entitled to all dues on account of the deceased employee’s services, which she claims.

4. It is the petitioner’s case that in order to delay processing of her claim for compassionate appointment, the Executive Engineer last mentioned sought information once again vide letter dated 21.03.2018, addressed to the petitioner, to the effect if the petitioner made her claim for compassionate appointment within five years of death of the employee, and, secondly, if the Talaqnama produced has been authenticated or verified by an institution, recognized by the Government of India or the State Government, or established by the said Governments. The petitioner says that she has the liability of three unemployed sons on her shoulders and there is no other source of income for the family to survive. This Court must remark that it has not been clarified in paragraph No.14 of the writ petition if the responsibility of ‘unemployed sons’ spoken of, refers to the petitioner’s sons or those of her deceased father’s sons, to wit, her brothers.

5. The petitioner says that for one she is entitled to receive post retiral dues on account of her father’s services, a fact authenticated by orders made by the Additional District Judge granting a succession certificate in her favour. She further says that she is entitled to a compassionate appointment, inasmuch as by virtue of the law now declared, ‘married daughters’ are also entitled to compassionate appointment under Rule 2(c)(iii) of the Utt