ORDER

Per: Ms. Ranjana Shahi The present O.A. has been filed by the daughter of the deceased employee Shri Ganpati Lal Yadav who was working as Gramin Dak Sewak Mail Carrier (GDSMC) and expired on 11.06.2019 leaving behind his widow wife and a married daughter i.e. the present applicant. The applicant applied for appointment on compassionate grounds on 11.07.2019, but the same was rejected by the respondents, however, the case of the applicant was again sent for reconsideration by the office of respondent No. 3, it was again rejected by respondent No. 2 vide letter dated 12.07.2021 on the ground that on enquiry she was not found wholly dependent of the deceased employee, hence, the present O.A.

2. It is the contention of learned counsel for the applicant that the application of the present applicant has been rejected merely on the ground that she was a married daughter. Learned counsel for the applicant has cited para-2 of the scheme framed for compassionate appointment which is as follows:

“(2) To whom applicable:

To a dependent family member of the regularly selected and engaged Gramin Dak Sewak who dies while in service (including death by suicide):

Note 1 – “Dependent Family Member” means the following:

(a) …… (b) ……

(e) Married/Widowed daughter/Divorced Daughter wholly dependent on the GDS at the time of his/her death; or……”

3. On the other hand, the respondents have stated in their reply that though the applicant had applied for appointment on compassionate grounds on 11.07.2019, but it was not clear whether at the time of death of Shri Ganpati Lal Yadav, the applicant was wholly dependent on the deceased employee or not so Inspector of Posts Offices Dholpur Sub- Division, Dholpur was asked to investigate the matter and submit the report in respect of “wholly dependency” of the applicant on the deceased employee at the time of his death and Inspector of Posts, Dholpur intimated that the applicant was not wholly dependent on the deceased employee. Again, Inspector of Posts, Dholpur was directed to submit final conclusion report in respect of “wholly dependency” of the applicant on the deceased employee at the time of the death of the employee and also compare the report with statements of local residents and certified documents. In this context, Inspector of Posts, Dholpur submitted that the applicant is married and was dependent of her husband and not on the deceased father thus it was established that being the only daughter, the applicant could be termed as care taker of the wife of the deceased and not dependent on the deceased employee. The respondents have also annexed, Annexure- R/6, statement of the applicant herself dated 21.12.2020 wherein she had stated that she got married on 11.05.2011 and has been living in her in laws house in Firozabad (UP) and only two-three months before the death of her father she had came over to the house of her father. She had further stated that she is taking care of her mother after the death of her father.

4. Heard both the sides.

5. At the relevant time, when the applicant had made the application for appointment on compassionate grounds subsequent to the death of her father, the respondents examined her case and in fact Inspector of Posts, Dholpur was directed twice to enquire and assess whether the applicant was wholly dependent on her deceased father. On both the occasions, Inspector of posts, Dholpur intimated/submitted final conclusion report that because the deceased employee left behind his widow i.e. the mother of the present applicant as such the present applicant might be looking after her mother, but that does not make her fully dependent on her deceased father. The Inspector of Posts, Dholpur has also informed that the applicant was married way back in the year 2011 and since then she was living with her husband at her in-laws house in Firozabad (UP) and as per her own written statement also, the applicant has admitted that it is only two-three months before the death of her